The Supreme Court issued a strong rebuke to the Home Ministry today during a hearing on the plea of Abu Salem, convicted in the 1993 Mumbai serial blasts, challenging the length of his prison sentence exceeding 25 years. The petition is being heard by Justices Sanjay Kishan Kaul and M.M. Sundresh. Salem contends that the cap on the length of his sentence was guaranteed by India to Portugal, from where he was extradited in November 2005.
The top court expressed dissatisfaction with the CBI affidavit filed earlier which said that the agreement is not binding on Indian courts. It had asked a response from the Centre on the petition.
The Home Ministry had told the apex court that “it was not the appropriate time” to decide on the matter and the court can decide it “independently”. To this, Justice S.K. Kaul said, “Don't lecture the judiciary. We do not take it kindly when you tell us to decide something which you have to decide,” adding: “The Home Secretary is nobody to tell us to decide the issue”.
The Supreme Court said that the Centre must be specific in its responses and called it out for statements like "it is not the appropriate time" which it considers vague. Union Home Secretary Ajay Bhalla had submitted in court:
“It is respectfully submitted that the Government of India is bound by the assurance dated December 17, 2002. The period of 25 years, which is mentioned in the assurance, will be abided by the Union of India at an appropriate time subject to the remedies which may be available"
Mr. Bhlla added that the judiciary is independent in deciding based on the law, “without in any way being bound by any position taken by the executive”.
Abu Salem was convicted in 2017 for his role in transporting weapons from Gujarat to Mumbai and sentenced to lifeimprisonment. 257 people died and 700 were injured in the blasts.
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