New Delhi: OP Chatwal, the Director General retired polls (DGI), the ICC, recalls how “Arsalan Mohsin Ali” (Abu Salem), a national “Pakistan” was extradited with “Sana Malik Kamal” (Monica Bedi) to India from Lisbon, Portugal in November 2005. Chatwal was the man who led the eight-member CBI team in Lisbon to bring Salem and Monica to Mumbai. Speaking to News18, he remembers that Salem had used the false identity of a Pakistani citizen to escape the hanging in India and how a change was made to the Indian Extradition Act 1962 to facilitate extradition.
“We had to assure Portugal that he would not be sentenced to death, and without that security he could not have been extradited.” Once life imprisonment occurs in Portugal, he can not be arrested over the age of 25. He was convicted of article 123 of the CPI combined with 302 and TADA Article 32. The maximum penalty in these sections is death but Salem can not receive death due to the amendment of the law in 1993, “Chatwal said.
“It was brought from a country that prohibited capital punishment. The 1993 amendment to the Indian Extradition Act of 1962 and article 34 (c) was necessary because the Indian Government faced the problems of extradition of Salem from a country that had banned the death penalty, so this change served as a guarantee for these countries, “Chatwal News18 said.
Yakub Memon, brother of Tiger Memon’s main escort, was hanged in 2015, and the others served or are in service. Among the important cases that occupied Chatwal was the Indian piracy IC-421, which shook in August 1984 at the height of Punjab militancy. Chatwal and his team covered the six terrorists and assured them they were incarcerated. The Bombay Bomb investigation of 1993 has been prolonged, Chatwal said, and the process began after it issued a notice of “Red Corner” against Salem.
“We have been looking for it all over the world and have been informed that it was in Portugal in 2002 and that we have contacted the Portuguese forces,” said former CBI survey expert. The main obstacle for the police was the double criminality aspect, since Salem had falsified its identity in Portugal. After overcoming this obstacle, the government found in the fact that there is no sentence of death in Portugal and that life imprisonment is only 25 years.
“We need strong identity documents to prove that he was in fact Salem because he had changed his identity and nationality.” On the basis of entries given by us, Salem was arrested by the Portuguese police. discovering his identity, had a fake Pakistani passport in the name of Arsalan Mohsin Ali. But because of his fingerprints, his identity has been established, with that of Monica Bedi. ” He also used a fake passport on behalf of Sana Malik Kamal and was tried by a different court of the IWC in Hyderabad, “said Chatwal.
After a long legal battle, the extradition of Salem occurred in 2005. “Our request for expulsion was not accepted by the Government of Portugal, and after the law reform we obtained and was taken to India in November 2005,” said Chatwal.