Gangster Abu Salem, convicted for his role in the 1993 Mumbai blasts case, has moved a European Union court in a bid to have himself sent back to Portugal from where he was extradited to India to face the trial.
Salem moved the European Union court months before his conviction in the 1993 Mumbai blasts case this week.
“We have moved the European Court of Human Rights (ECHR), a court under European Union seeking his recall to Portugal as there were many violations to his extradition order,” his lawyer Sabha Qureshi said.
Salem contended that after the Portugal court terminated the 2014 order for his extradition, his entire trial in India has become illegal.
Qureshi said it was stipulated in his extradition order that he would not be given death sentence but he was tried for charges which attracted capital punishment.
While permitting his extradition in 2005, the Portugal court had said Salem could not be given death sentence.
In his plea to the ECHR, Salem has sought directions to Portugal to take steps for his return. Qureshi said the court has asked Portugal to file its reply.
His lawyers had said despite termination of the extradition, Portugal has not taken any steps to call him back.
Last month, the ECHR had also sought some documents of the 1993 Mumbai serial terror blast case.
In his application, Salem had also given details of two attempts on his life - one in 2010 by co-accused in 1993 blasts case Mustafa Dossa and a second one by another prisoner.
Salem further contended that he is being tried for those charges which were not mentioned in the treaty. He said that in Taloja jail, he is being kept in a solitary confinement which is prohibited by ECHR.
He was recently awarded life imprisonment in builder Ajit Deewani case.
(With PTI inputs)