My personal opinion is that CBI may put pre-condition before the court as per Article 51 (c) of the constitution which states, "the state shall endeavour to .......foster respect for international law and treaty obligations in the dealings of organised people with one another." So, the matter being closely related to the international law, the court needs to take into consideration this provision of law also. However, in the said provision the "state" shall "endeavour" but it cannot compel the court to do so. The alleged offences are "rarest of the rare cases" for which death penalty can be awarded. In such a conflicting situation result seems to be that the courts can award death penalty to the Abu Salem but the President can modify this coviction. Another issue that needs to be considered is that whether imposition of such condition for extradition by the Portugal Government is good in International Law. The Portugal Government, if tries the accused under its own jurisdiction then it has to observe its own laws but once it is extraditing the accused to a foreign country such a pre-condition becomes bad in international law due to undue-influence. So, Death penalty can be a
