Alleging that India has violated the extradition treaty with Portugal for securing the custody of Abu Salem, his lawyer on Monday said he would seek the permission of the gangster to file a case before a competent court in Lisbon urging for his recall.
The legal course open to Salem for alleged violation of conditions in the treaty is to agitate before a Portugal court and seek recall, said his lawyer Ashok Sarogi, who returned from Portugal on Sunday after seeking legal opinion there.
This move would be undertaken after seeking Salem's consent, he told PTI in Mumbai on Monday.
"We shall meet Salem in jail and seek instructions from him to proceed in the matter. We have documents to prove that CBI and Mumbai police had violated the extradition conditions," Sarogi claimed.
Portugal's Ministry of Justice, after considering request of India, had ordered extradition of Salem subject to conditions that he will be tried only in eight cases and that too on specific charges.
These conditions have been violated, the lawyer alleged. However, special public prosecutor, Ujjwal Nikam termed the allegations made by the defence lawyer as "baseless" and said the extradition conditions have not been violated.