STATESMAN NEWS SERVICE
New Delhi, 5 August
The Supreme Court today lifted the stay on the trial of the cases going on against mafia don Abu Salem in several courts across the country even as it allowed the CBI to withdraw the prosecution of the don under the provisions of criminal law that attracts death penalty.
 While disposing off Salem&’s petition for quashing all proceedings after Portugal&’s apex court terminated his extradition to India, the court ruled out his return to Portugal from where he was extradited to face trial for his alleged involvement in 1996 Mumbai serial bomb blast cases.
 A bench headed by Chief Justice P Sathasivam vacated the stay on the trial of the cases going on against Salem in several courts across the country and also allowed the CBI to drop additional charges slapped on Salem under TADA and Explosive Substances Act after his extradition.
 The apex court held that the verdict of Portugal court is “not binding” on courts here and Salem&’s extradition to India is still “valid in the eyes of law”.
Salem, currently in Arthur Road Jail in Mumbai, had moved the apex court for closure of trial against him in various courts here after the Portugal Supreme Court upheld the order of a lower court there, terminating his extradition for “violation” of deportation rules by Indian authorities.
He challenged his trial under Maharashtra Control of Organised Crime Act (MCOCA) which mandatorily attracts death penalty. He had contended when he was extradited, the government had given an undertaking that he would not be tried under the provisions of criminal law that attracts death sentence.
The Supreme Court had stayed Salem&’s trial after he approached the apex court against the TADA court&’s order of 31 January, rejecting his plea for closure of his trial.  Attorney General G E Vahanwati had said government was committed to its assurance given to the Portuguese court and had sought the apex court&’s permission to drop the additional charges framed against Salem by the trial court.
The CBI had sought the court&’s permission for withdrawal of charges under section 5 and 6 of TADA and sections 4(b) and 5 of the Explosive Substances Act in view of its commitment to the Portuguese government.
Salem and his then companion, actress Monica Bedi, were extradited to India on 11 November 2005, after a marathon legal process lasting three years.