New Delhi, Sep 10 (ANI): The Supreme Court in a significant ruling on Friday said Gangster Abu Salem can be tried for offences inviting death penalty.
The verdict of the apex court assumes significance as the Portugal Government had laid a pre-condition that he will not be extradited if he was to be awarded capital punishment.
A bench of Justices P Sathasivam and Asok Kumar Ganguly held that Salem can be tried for murder (section 302) and criminal conspiracy (120-B) of the IPC, besides other offences under the TADA in connection with the 1993 Mumbai blasts.
The apex court rejected the argument of Salem that he cannot be tried for the offences which entailed death penalty as the same was the pre-condition agreed by the Indian Government at the time of his extradition from Portugal.
The prosecution had, however, argued that the Portugal Government cannot impose any pre-condition on Indian courts.
The apex court while concurring with the prosecution's argument, pointed out that notwithstanding the pre-condition imposed by Portugal authorities, the two countries are signatories to the international convention on elimination of terrorism.
The apex court added that there was nothing wrong if the various provisions under TADA and the Indian Penal Code (IPC) were invoked against him.
42-year-old Salem has been lodged in a Mumbai jail since his extradition from Portugal in 2005.
He is a key accused in the 1993 serial bomb blasts case. (ANI)