Punishment cannot be disproportionately high or low. A delicate balance has to be kept in mind – an aspect recently discussed in Jaswinder Singh (Dead) v. Navjot Singh Sidhu, 2022 SCC OnLine SC 652.
What happened to Abu Salem in Portugal for some other trial/detention has nothing to do with proceedings against him in India. We conclude, detention of Abu Salem commenced from 12.10.2005.
On completion of 25 years of sentence, in compliance of commitment to Courts in Portugal, Central Government is bound to advice President of India for exercise of powers and release Abu Salem. This is of course subject to any aggravating aspect. We are taking a call on this issue now and do not want to leave it to any uncertainty in future.
– Hon’ble Justice Sanjay Kishan Kaul, Abu Salem Abdul Kayyum Ansari v. State of Maharashtra, [Criminal Appeal No. 679 of 2015].
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