TIWN
New Delhi, July 12 (TIWN) :The Supreme Court on Monday said the Central government is bound to honour the commitment given to the Portuguese government and release gangster Abu Salem on completion of 25 years imprisonment, following his conviction in the Mumbai serial blasts case.
A bench of Justices Sanjay Kishan Kaul and M.M. Sundresh said: “On the appellant (Abu Salem) completing 25 years of sentence, the Central government is bound to advise the President of India for exercise of his powers under Article 72 of the Constitution, and to release the appellant in terms of the national commitment as well as the principle based on comity of courts.”The top court also made it clear that Abu Salem’s detention period will begin from October 2005, and not from September 2002 – when he was arrested pursuing Red Corner notice. Abu Salem was represented by advocate Rishi Malhotra in the top court.
After the top court’s order, Abu Salem would be released from jail in 2030.
The bench added: “The necessary papers be forwarded within a month of the period of completion of 25 years sentence of the appellant. In fact, the government can itself exercise this power in terms of Sections 432 and 433 of the CrPC. and such an exercise should also take place within the same time period of one month.”
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