Extradition conditions

Abu Salem is in India extradited by Portugal on conditions that he would not be given death penalty and imprisonment would not be more than 25 years. TADA court judge told CBI that there could not be conditional appearance before court. It is the government of India that gave the undertaking accepting the conditions.

India should not have agreed to those conditions. TADA court is not bound by the undertaking. Abu Salem if found guilty will be sentenced as the court deems suitable. If the court sentences him to death or life imprisonment the government is likely to exercise power of president to pardon and commute sentences. When Abu Salem’s trial will begin and when final judgment will be delivered cannot be said at this time.

What happens to other accused in similar cases? They do not have the advantage of extradition conditions. India should not give any undertaking to other countries about punishment to criminals. They must be made to extraidite without conditions.

However the record of punishing people brought under extradition treaties does not inspire confidence. Most of them have been acquitted.

Updated: July 9, 2014 — 12:21 pm

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