If we have a precondition then the court cant give the right punishment to him. There is no use of getting him. I think, as most of the other Indians do, Abu salem must be given capital punishment, if he is guilty. I think the CBI must consult the special court before signing such an agreement. But once India signed such an agreement it is our utmost duty to follow it. If we breach it then will other countries believe our words in the future.
Actually i do feel courts are behaving badly. A court's judgement now allows child marriage, I dont know where goes there common sense. A recent court verdict in the self fincancing college case was also wrong and put thousands of students in difficulty.