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.
