we must honor our written comittment given to portugal, however we have an excellent opportunity to make an example of abusalem if all the sentences are given in prison sentences then it would easily run into at least hundred years, send him into prison and allow him to die an oldman in prison and every few years his status should be explained to general public, gangsters will understand what it means to run against the law, their business brings in rich dividends in terms of prison sentences also, such long sentences will make them go mad, but abusalem need not be given death penalty but he should never be pardoned for his crimes and acts of sedition
Let me understand what crime Abu Saleam is trialed for? Is it robbery,theft or fraud or a murder?
In a country where a death penalty can be given to a murder then Abu Salem is guilty of killing more than 200 people in bomb blasts. It needs a heart of 100 hard core criminal to carry out mass killing like this. More over it is conspiracy against the Nation. He is a traiter and an international terrorist. Why he should not be given a death penalty really baffles me. Why did this question arise at all. He should be given a fair chance to fight his case. If proven guilty he should be givem maximum punishment possible.
Never. If given, then India lose it's credibiliy and all those countries where death penalty is not in their constitution will not extradite to India any criminals arrested in their countries in future. This in turn result in many criminals use those countries for their hideout. Nevertheless rigorous life imprisonment, if properly implemented, is more severe punishment than death penalty.
There may not be any legal provision permitting exemption for Abu Salem from the death penalty merely due to an assurance from the Indian government to the Portugese one.
It has been hard enough securing Salem and Monica Bedi's extradition, even with the assurance. I believe all efforts should be made to ensure that the exemption is effected. Failure to do so would be extremely detrimental to India's future extradition efforts from other countries and not merely Portugal.
The escape from the death penalty may be achieved in one of four ways:
1. The TADA court may refuse to sentence Salem to death.
2. If the TADA court does sentence him to death, the higher judiciary (High Court or Supreme Court) can commute the sentence on appeal.
3. The State Government or the Central Government (depending on the case under which Salem is sentenced) may commute the death sentence.
4. A Presidential pardon can be granted to ensure that Salem does not receive the death penalty.
All this, of course, hinges on the presumption that Salem is found guilty before the court. Let us hope, for the sake of the victims of his crimes that he is.
I feel Abu Salem should not be given death penalty for two reasons - first, this is I think the first major incident that India has been helped by the International community in her war against terror. If this cooperation is to remain intact, the promises and agreements are to be honored. Salem is just a beginning. A lot of big fish are still at large. Secondly, the hideous crimes which Abu Salem was part of, are too serious to be given a death penalty to him. He should go through the slammer and his entire active life should be spent behind the bars where he would wake up everyday and every day will remind him of the lives that he had ruthlessly taken. His life should become the biggest punishment for him.
