As a law student i think the court is right in questioning the CBI for producing an accused with a pre-condition. But considering the circumstances under which Abu Salem is brought into India, i strongly feel it would undermine the Indian governments stand in the international scenario if it back tracks on its undertaking. In the absence of extradition treaties with other countries, the written undertaking given by the Government is of significant value and hence should be conformed with.
In this situation, the emotional feeling that Abu salem should be given the death penalty for the grave crimes he committed must be re-assessed in the light of the political implications of not conforming with the undertaking given to the portugal government.