A Lisbon Court has rejected the plea filed by underworld don Abu Salem, also an accused in the Mumbai blast case, where he claimed that his extradition conditions were violated by India.
According to CBI officials, while rejecting Salem's plea, the Court said that it lacks jurisdiction in the subject matter.
The CBI official said that "The Lisbon Administrative Court Fifth Organic Unit has ruled that Lisbon administrative court lacks jurisdiction subject matter, as a subject matter relates to political & diplomatic nature & escapes the rule of judicial authority".
Officials said that the contention of the accused aren't acts of administrative nature & instead acts of political & diplomatic nature falling under the international law & not under the administrative law.
Hence, the petition of the accused was dismissed by the Lisbon administrative court, officials said.
CBI officials said that six charges were framed against Salem, which were not permitted in his extradition. Thereafter, he filed a special leave petition (SPL) in the Supreme Court of India in the matter.
The added that "Vide its order dated September 10, 2010, it ruled that there has been no violation of rules of his speciality. Salem again approached the Supreme Court, which vide its judgement dated August 5, 2013, upheld that there has been no violation of rules of speciality".
Thereafter, Abu Salem agitated the issue in the court in Portugal.
Thereafter, Abu Salem moved a plea in the Lisbon administrative Court fifth organic unit praying for his extradition to Portugal on the ground that principles of speciality were violated by the Republic of India as he was tried for few other cases though the extradition was specifically for the Bombay blast case, officials said.
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