Judge G A Sanap said that the court had to apply the law, while the government can exercise its power in the matter of execution of sentence.
"I have to apply the provisions of the law. The Union of India in its domain, particularly the executive in their wisdom, would be free to exercise its power in the matter of execution of the sentence," observed the court.
During the arguments, defence lawyer Sudeep Pasbola had said that as per the extradition treaty with Portugal, Salem cannot be given capital punishment or a jail term exceeding 25 years.
"It is a very ticklish issue...(since) pride and prestige of our country is involved, if any decision is taken contrary to the spirit of the Indian laws and the spirit of the solemn sovereign assurance given by the then Deputy Prime Minister of India, then very serious repercussions could follow," said the court.
The judge then held that the assurance given by the Union Government would not stand in the way of the court to exercise its power and award the punishment under the law.
You’ve reached your limit of {{free_limit}} free articles this month.
Subscribe now for unlimited access.
Already subscribed? Log in
Subscribe to read the full story →
Smart Quarterly
₹900
3 Months
₹300/Month
Smart Essential
₹2,700
1 Year
₹225/Month
Super Saver
₹3,900
2 Years
₹162/Month
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Exclusive premium stories online
Over 30 premium stories daily, handpicked by our editors


Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share


Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor


Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements


Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app
