New Delhi, July 10 (PTI): Portugal’s top court has rejected India’s petition against the cancellation of gangster Abu Salem’s extradition.
“The court order is being examined and other available legal options are being explored,” a CBI spokesperson said in a statement.
The Constitutional Court of Portugal has said India could not suo motu approach the top court challenging the Portugal Supreme Court’s order earlier this year.
Salem was extradited on November 11, 2005, on the assurance by New Delhi that he would not face the death penalty nor be jailed for more than 25 years.
However, Mumbai and Delhi police slapped charges carrying the death penalty.
Salem filed a petition in the Lisbon High Court, which ruled that there had been breach of the Indian undertaking. The CBI countered the plea saying the Supreme Court of India had examined the issue and found no violation. However, the Portugal Supreme Court rejected the CBI petition and upheld the order of the lower court cancelling the extradition.
In its appeal in the Constitutional Court, India had annexed the February 17, 2011, order of its Supreme Court staying trial for all fresh cases that invoked the death penalty or jail for 25 years.