New Delhi: Centre has given an assurance to the government of Portugal that mafia
don Abu Salem, involved in Mumbai blasts and 70 other cases in the country, would
not be given death penalty on his conviction after his deportation to India, the
Rajya Sabha was told on December 12.
As per the Portuguese Constitution, no one can be extradited in respect of offences
punishable by death penalty under the law of the state requesting extradition,
Minister of State for External Affairs Digvijay Singh said in a written
reply.
Hence, Section 34 C of the Indian Extradition Act, 1962, will be applicable which
states that "notwithstanding anything contained in any other law for the time being
in force, where a fugitive criminal, who has committed an extradition offence
punishable with death in India, is surrendered or returned by a foreign State on the
request of the Central government.
"And the laws of that foreign state do not provide for the death penalty for such an
offence, such fugitive criminal shall be liable for punishment for life only for
that offence," the minister said.
PTI