Underworld don Abdul Salem and his wife Monica Bedi will not be awarded the death penalty or a life term beyond 25 years if brought to India. That’s the assurance the Indian government gave Portugal last month in an effort to have the gangster extradited from Lisbon. Under European Union laws, to which Portugal is a signatory, a member country can refuse extradition of a fugitive who faces the death sentence in the country seeking his deportation. New Delhi’s concession came after Attorney-General Soli Sorabjee held that the Constitution (Articles 51 and 253) gives the Government the power to make legal concessions in the national interest. An exception under Section 34 of the Extradition Act, empowering the Government to make concessions to secure the custody of a fugitive, also weighed in while making the pledge to Portugal. The Cabinet is expected to accord post-facto approval of the decision tomorrow to grant executive order to Home Ministry’s request. Deputy Prime Minister LK Advani had already announced that Salem would be spared the death penalty if it ensured his being handed over to India. But Lisbon has made it clear that India’s promise does not make it certain that the custody of the prime accused in the 1993 Bombay serial blasts case would be handed to New Delhi. It has said that the Government would try its best to convince the judiciary to deporting Salem to India but could not guarantee it because of the independent character of the legal machinery. Along with the request for extradition, India has annexed the chargesheet against the gangster to establish his criminal profile and identity to confirm that he is wanted in India. Sources say Portugal has informed India that by addressing the two issues, it could start the procedure for its judiciary to consider Salem’s extradition. The request to Portugal, with which India does not have an Extradition Act of 1962, which enables the Government to act with any nation regardless of a treaty. The request, with the conditions, was approved and conveyed to Lisbon on December 16, the day the judicial custody of the underworld don was ending, sources said. Salem, Monica and their accomplice Syed Hyder were arrested in Lisbon on September 18 from outside their house for possessing fake identity papers. The couple had been staying in Lisbon since August last year after acquiring fake residence permits in the names of Arsalan Mohsin Ali (Abu Salem) and Sanan Malik Kamal (Monica Bedi). If convicted, Salem could get a maximum prison term of five years.
