MUMBAI: The Indian govt has pleaded diplomatic immunity for its ambassador in Portugal from attesting as witness in court docket proceedings initiated by means of gangster and 1993 Mumbai serial blasts convict Abu Salem.
Extradited in 2005 and sentenced to lifestyles phrases by means of a Mumbai court docket in two instances, Salem has been preventing a prison struggle for his return to Lisbon. He moved an administrative court docket in Lisbon in December 2014 for enforcement of Portuguese court docket orders of 2011 and 2012 which terminated his extradition over “violations of phrases”.
He wants the court docket to direct the Portuguese international affairs and justice ministries to officially put into effect the termination of extradition.
Last month, the Portuguese international affairs ministry had raised objections to the validity of the gangster’s petition, its position and the court docket’s jurisdiction.
In a 17-page submission to court docket, the ministry stated it was a diplomatic subject being handled via diplomatic channels. But Salem, housed in Taloja Central jail, submitted a file ten days later via his legal professional Manuel Luis Fereira to rebut the Portuguese ministry’s arguments. He claimed the court docket was competent to listen to his plea as the federal government had “breached fair public administrative duties” and failed to fulfil compliance of court docket choices, leaving him languishing in jail “in inhumane conditions” and “in perpetual sentences” in violation of the extradition settlement.
He sought to make as witnesses Portuguese officials from its international affairs ministry in addition to India’s ambassador in Portugal, Portugal’s ambassador in India and a judge from the Portuguese prime court docket that had cancelled the extradition.
In its May 7 reaction sooner than Lisbon court docket, the Indian govt named as ‘counter-interested birthday celebration’ declared it has diplomatic immunity. “In accordance with the Vienna Convention of 1961 about Diplomatic Relations, diplomatic brokers benefit from the prerogative of not being subpoenaed to testify as witnesses,” stated the answer, a copy of which TOI reviewed. “In the working out of the Indian Union, this rule of International Law confers absolute immunity from the duty to testify to the Ambassador of the Indian Union in Portugal,” it stated and added it would “not surrender the immunity in this case.”
The Indian govt, then again, reiterated its availability to cooperate with the court docket. It stated it's going to “lend further clarifications that may be considered pertinent, by means of different way that don't necessitate violation of the prerogatives and immunities that International Law gives its diplomatic brokers.”
Salem’s legal professional Fereira stated, “We will take all important prison steps to make sure he is introduced back to Portugal via correct enforcement of orders. The prime court docket had in 2011 held the phrases were violated and terminated grant of extradition. Since the judicial court docket can not put into effect compliance of its personal order, Salem had to move the executive court docket which offers with administrative rights to make sure govt action.”
Salem additionally wants copies of all documents exchanged between the 2 countries and wants to make his Indian legal professionals Saba Qureshi, Taraq Sayed and Sudeep Pasbola witnesses sooner than Lisbon court docket.
The Portuguese Embassy in India wrote to Salem at his jail cope with on May three acknowledging a letter he had despatched. “I inform that the Portuguese government proceed to intently track the entire procedure and remain in everlasting touch with the Indian Authorities in order to ensure that the extradition treaty is fully revered,” stated the Embassy.
Ferreira stated things have “escalated briefly within the ultimate couple of months’’ and the next move can be to devise a plea within the Administrative Court relating to documents held by means of Portuguese government.
Salem was apprehended in Chelas, a neighbourhood of Lisbon, in November 2002 and extradited in November 2005. In February 2015, a different court docket trying him under Tada (now repealed) convicted him for the murder of Mumbai builder Pradeep Jain and sentenced him to lifestyles imprisonment for murder and conspiracy. Jain was shot outside his Juhu bungalow on March 7, 1995.
Last January, when the 1993 blasts trial was nonetheless on, Salem had filed a case sooner than the European Court of Human Rights (ECHR) in the hunt for return to Portugal. In a plea via legal professional Taraq Sayed, Salem alleged his presence and trial in India have been rendered illegal and the continuing legal proceedings against him stood vitiated because the prosecution violated the extradition settlement by means of hanging him on trial for more charges than agreed on. In July 2017, special Tada judge G A Sanap convicted him for inflicting the blasts and in September sentenced him to lifestyles imprisonment.
Extradited in 2005 and sentenced to lifestyles phrases by means of a Mumbai court docket in two instances, Salem has been preventing a prison struggle for his return to Lisbon. He moved an administrative court docket in Lisbon in December 2014 for enforcement of Portuguese court docket orders of 2011 and 2012 which terminated his extradition over “violations of phrases”.
He wants the court docket to direct the Portuguese international affairs and justice ministries to officially put into effect the termination of extradition.
Last month, the Portuguese international affairs ministry had raised objections to the validity of the gangster’s petition, its position and the court docket’s jurisdiction.
In a 17-page submission to court docket, the ministry stated it was a diplomatic subject being handled via diplomatic channels. But Salem, housed in Taloja Central jail, submitted a file ten days later via his legal professional Manuel Luis Fereira to rebut the Portuguese ministry’s arguments. He claimed the court docket was competent to listen to his plea as the federal government had “breached fair public administrative duties” and failed to fulfil compliance of court docket choices, leaving him languishing in jail “in inhumane conditions” and “in perpetual sentences” in violation of the extradition settlement.
He sought to make as witnesses Portuguese officials from its international affairs ministry in addition to India’s ambassador in Portugal, Portugal’s ambassador in India and a judge from the Portuguese prime court docket that had cancelled the extradition.
In its May 7 reaction sooner than Lisbon court docket, the Indian govt named as ‘counter-interested birthday celebration’ declared it has diplomatic immunity. “In accordance with the Vienna Convention of 1961 about Diplomatic Relations, diplomatic brokers benefit from the prerogative of not being subpoenaed to testify as witnesses,” stated the answer, a copy of which TOI reviewed. “In the working out of the Indian Union, this rule of International Law confers absolute immunity from the duty to testify to the Ambassador of the Indian Union in Portugal,” it stated and added it would “not surrender the immunity in this case.”
The Indian govt, then again, reiterated its availability to cooperate with the court docket. It stated it's going to “lend further clarifications that may be considered pertinent, by means of different way that don't necessitate violation of the prerogatives and immunities that International Law gives its diplomatic brokers.”
Salem’s legal professional Fereira stated, “We will take all important prison steps to make sure he is introduced back to Portugal via correct enforcement of orders. The prime court docket had in 2011 held the phrases were violated and terminated grant of extradition. Since the judicial court docket can not put into effect compliance of its personal order, Salem had to move the executive court docket which offers with administrative rights to make sure govt action.”
Salem additionally wants copies of all documents exchanged between the 2 countries and wants to make his Indian legal professionals Saba Qureshi, Taraq Sayed and Sudeep Pasbola witnesses sooner than Lisbon court docket.
The Portuguese Embassy in India wrote to Salem at his jail cope with on May three acknowledging a letter he had despatched. “I inform that the Portuguese government proceed to intently track the entire procedure and remain in everlasting touch with the Indian Authorities in order to ensure that the extradition treaty is fully revered,” stated the Embassy.
Ferreira stated things have “escalated briefly within the ultimate couple of months’’ and the next move can be to devise a plea within the Administrative Court relating to documents held by means of Portuguese government.
Salem was apprehended in Chelas, a neighbourhood of Lisbon, in November 2002 and extradited in November 2005. In February 2015, a different court docket trying him under Tada (now repealed) convicted him for the murder of Mumbai builder Pradeep Jain and sentenced him to lifestyles imprisonment for murder and conspiracy. Jain was shot outside his Juhu bungalow on March 7, 1995.
Last January, when the 1993 blasts trial was nonetheless on, Salem had filed a case sooner than the European Court of Human Rights (ECHR) in the hunt for return to Portugal. In a plea via legal professional Taraq Sayed, Salem alleged his presence and trial in India have been rendered illegal and the continuing legal proceedings against him stood vitiated because the prosecution violated the extradition settlement by means of hanging him on trial for more charges than agreed on. In July 2017, special Tada judge G A Sanap convicted him for inflicting the blasts and in September sentenced him to lifestyles imprisonment.
Abu Salem case: Govt seeks immunity for its envoy
![Abu Salem case: Govt seeks immunity for its envoy]()
Reviewed by Kailash
on
May 17, 2018
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