Firing yet another legal salvo to try to get out of prison and go to Portugal, even if temporarily, extradited gangster Abu Salem has moved a Portuguese court afresh.
In a fresh application filed through his lawyer Manuel Luis Ferreira on May 31, Salem sought to be taken to Portugal to testify. He is undergoing life terms in the 1995 builder Pradeep Jain murder case and the 1993 serial blasts cases.
In December 2014, Salem had first moved the administrative court in Portugal¡ªa parallel jurisdiction¡ªto argue that his extradition conditions were flouted and he should be sent back to Lisbon.
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Things began moving fast the past couple of months with the Indian government pleading diplomatic immunity to ensure that its ambassador in Portugal need not testify, as sought by Salem.
Salem had moved court to ensure enforcement of the Portuguese SC order of 2012 which upheld termination of his extradition over ¡°violations of terms¡±. But the Portuguese ministry of foreign affairs raised objections to the validity of Salem¡¯s plea.
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His fresh application informs the court about a letter the Portuguese embassy sent to him in Taloja jail, in which the embassy assures that it is doing everything to uphold legality of Salem¡¯s extradition.
He has requested that the Portuguese authorities clarify what it means ¡°in terms of concrete measures¡±.
He has requested that the court instruct the Portuguese foreign ministry to show all documents pertaining to his cases. Salem also wants the court to direct the Portuguese foreign affairs and justice ministries to formally enforce the termination of his extradition.
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Justifying his demand to be sent to Portugal, Salem claimed that only he can clarify the exact meaning of the personal letters he received in prison from the Portuguese authorities and only his testimony in person in front of a Portuguese judge can shed light on the alleged ¡°maltreatment and harassment¡± he¡¯s being subjected to in jail.
The procedure now allows the Indian authorities and Portuguese ministry of foreign affairs and ministry of justice 10 days to reply.
After that, the judge will decide whether to concedes to Salem¡¯s plea or not. Salem was extradited in 2005 and was spared the death sentence in the blasts case because the extradition law barred it as Portugal prohibits capital penalty.