NEW DELHI: The issue of the Maharashtra Control of Organised Crimes Act (MCOCA) case against underworld don Abu Salem had started when the Delhi Police in consultation with the Ministry of Home Affairs (MHA) had slapped on Salem in 2007 a case of extortion, three years after he was extradited to India.
After exhausting his legal options in India, Salem had approached the Lisbon High Court last year alleging that India had violated the ‘Rule of Speciality’ by slapping an MCOCA case against him. The court gave a judgment in his favour on September 19, 2011, saying there had indeed been a breach of the Indian Government’s undertaking given to the Portuguese authorities.
India had given an executive assurance to Portugal that Salem will not be given the death penalty or charged with any section of law which entails jail term of more than 25 years.
The CBI had filed an appeal in the Portugal SC contending that the Indian Supreme Court had interpreted the Rule of Speciality and had found no violation. The agency had argued that the Lisbon HC had interpreted the same rule differently.