Supreme Court of India

Abu Salem Abdul Kayyum Ansari v. The State of Maharashtra

Neutral citation
Bench Sanjay Kishan Kaul and M. M. Sundresh JJ.
Decided 11 July 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid facts and circumstances, we conclude that the detention of the appellant commence from 12.10.2005 in the present case.

Judgment, page 27

From the headnote

Extradition Act, 1962: Sovereign assurance – In the instant case, appellant was extradited from the Republic of Portugal and custody of the appellant was handed over to Indian authorities – Government of India submitted a solemn sovereign assurance under the Portuguese law that appellant would not be convicted by death penalty or imprisonment for a term beyond 25 years – Trial Court convicted the appellant and sentenced him under the different provisions of law – Held: Separation of Judicial and Executive powers and the scheme of the Indian Constitution cannot bind the Indian courts in…

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