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This is an archive article published on April 15, 2012

Ahead of Lisbon hearing,CBI decides to ensure Abu Salem doesn’t get death

In 2005,Salem was put on trial in the Mumbai blast cases.

Underworld don Abu Salem,an accused in the 1993 Mumbai serial blasts case looks set to escape the gallows with the CBI deciding to drop additional charges against him which could invoke the death penalty.

A decision to drop these charges,including the one slapped under Maharashtra Control of Organised Crime Act (MCOCA),comes ahead of the hearing of Salem’s extradition case in the Constitution Court in Lisbon next week. India’s stance before the court was finalised at a meeting between Law Minister Salman Khurshid and CBI director A P Singh this morning.

The CBI’s decision comes after the Supreme Court at Lisbon held that there has been violation of “Rule of Speciality” in Salem case.

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At the time of Salem’s extradition,India had given an undertaking to Portugal that it would not slap any charges against Salem that could result in death penalty and would not keep him behind bars for over 25 years. Mumbai and Delhi Police,however,slapped additional charges including under MCOCA.

New Delhi will also tell the Lisbon court that its decision should not “vitiate” Salem’s trial in India. On withdrawal of the additional charges against Salem,a CBI officer told The Sunday Express: “The additional charges,if not withdrawn,would have set a wrong precedent. India is honouring its word given to Lisbon at the time of Salem’s extradition.”

According to the CBI’s submission,Salem was part of the criminal conspiracy hatched by Dawood Ibrahim Kaskar (a global terrorist),Tiger Memon,Mohd. Dossa and others where the object was to commit various terrorist acts including bomb blasts. According to the chargesheet filed in the special court in Mumbai,“Salem actively participated in transporting and distribution of smuggled sophisticated arms and ammunition which were smuggled into the country in the beginning of 1993.”

After the blasts,Salem left India securing a passport in an assumed name from the Passport Office,Lucknow,and joined Anees Ibrahim Kaskar and others in Dubai. In 2005,Salem was put on trial in the Mumbai blast cases.

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Salem challenged the framing of additional charges in the Supreme Court of India alleging that there has been violation of “Rule of Speciality.” The apex court in September 2010 rejected the petition filed by Salem.

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