Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Extradition Principle of Speciality |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | EXTRADITION ACT, 1962:ss.3(1) and 21 - Extradition - Accused in 1993 BombayBlast case, extradited to India from Portugal (Extradition orderdated 28.3.2003) on the assurance that he would not beawarded capital sentence and imprisonment for more than 25years - Additional charges framed - Difference of opinionbetween courts in India and courts in Portugal as regards trialof accused for additional charges - CBI seeking to modifyjudgment in Abu Salem and praying for withdrawal ofadditional charges - Held: Taking note of the fact that theoffences for which the appellant was extradited to India aregrave enough to even award him the maximum punishmentand, therefore, no prejudice would be caused if the applicationfor modification is allowed - Accordingly, prayer of CBI allowedand additional charges permitted to be withdrawn -- However,the analysis and reasoning rendered in the judgment of AbuSalem with regard to the interpretation of the Principle ofSpeciality stands good as the law declared by the Court underArt. 141 of the Constitution of India and shall be binding onall courts within the territory of India - Constitution of India,1950 - Art. 141.ss. 3(1) and 21 - Ministerial order of Government of GPortugal permitting extradition of accused in 1993 Bombayblast case - Additional charges framed by Special Court -Lisbon Court of Appeals holding the additional charges inviolation of extradition order and authorization granted ought |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 512 |
Petitioner | Abu Salem Abdul Qayyum Ansari |
Respondent | Central Bureau Of Investigation & Anr. |
SCR | [2013] 7 S.C.R. 1061 |
Judgement Date | 2013-08-05 |
Case Number | 415-416 |
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