In a written reply to external affairs minister Yashwant...

In a written reply to external affairs minister Yashwant Sinha's letter to his counterpart in Lisbon, the Portuguese foreign office last week communicated that there was no problem in handing over Abu Salem after the procedural nitty-gritty was completed in Lisbon. The Vajpayee government is in a legal tangle over the issue. New Delhi has promised Lisbon that there will be no death penalty for Salem - since the Portuguese law does not permit it - and India has the legal provision to repeal a death penalty through an appeal to the President. Alternately, Indian authorities are considering life-imprisonment, if Salem is proved guilty in courts here. But, while "life sentence" means a 25-year-imprisonment in India, it implies a 14-year-term in Portugal. And Lisbon can return Salem only on the assurance that any punishment meted out to him here will be in accordance with Portuguese law. It is difficult for India to compromise on the life term issue. If the life sentence is changed, it has to be a constitutional change brought about in Parliament. This would require an all-party meeting to arrive at a consensus, making the process longer and more complicated. Also, whether the government will make this change for one person also needs to be considered. If the government agrees not to punish Salem with a "life sentence" according to Indian law, it would mean he will get away with a mere 14-year sentence, though his offences deserve a full life-term in India.