When fugitive Abu Salem was arrested in Lisbon, Portugal, on September 18, there was understandable euphoria in India. Given the sensitivities of the world after 9/11, Salem's deportation to his home country was believed to be a cinch. Last week the CBI suddenly realised it wasn't a cut-and-dry case. In his reply to a communication from External Affairs Minister Yashwant Singh, Portuguese Foreign Minister Jaime Gama reiterated that his country's law would take its own course as Salem was an offender there. In such circumstances, there was no possibility of executive intervention in the case. Delhi, however, he helpfully suggested, was welcome to initiate extradition proceedings against Salem.

TECHNICALI-TIES Portuguese laws require Salem to serve any sentence, if found guilty, in that country even if India manages to get an extradition go-ahead. As per the Portuguese justice system, Salem is only a suspect, not a convict in India. Indian agencies are not unified in their effort to bring Salem back to India. Portugal does not deport wanted criminals to countries with capital punishment.

Efforts are on to revive the 1892 extradition treaty between Portugal and the then British government in India.

The Portuguese government agency dealing with foreigners and border issues has made it clear that in terms of primacy, criminal procedures score over administrative ones. Salem faces criminal charges of travelling on forged documents and bigamy for marrying a Portuguese national when already married to Monica Bedi. Joana Ferreira, public prosecutor with the Attorney-General's Office, insists that Salem has to serve his sentence in Portugal should he be found guilty, even if India gets a positive verdict in an extradition case.

This nullifies the international brouhaha over the issue. US Secretary of State Colin Powell and Sinha discussed Salem, as did National Security Adviser Brajesh Mishra and his US counterpart Condoleezza Rice. John Palmer, US ambassador to Portugal, also met the Indian team twice and then spoke to the Portuguese authorities regarding Salem's possible repatriation. But the Indians are in for a long haul. Says the mea official in charge of the case: "The challenge is to provide a strong criminal case in a formal extradition request with the various agencies putting aside all internal differences."

India's effort began on the wrong foot with the CBI criticising the Indian mission in Lisbon in a report following its team's visit. The mea was taken aback and responded with its own rejoinder on the inability of the CBI to get the Portuguese to relent. The mea now clarifies there was a "misunderstanding" while the CBI dubs the whole thing a "misinterpretation". Another sore point: the Mumbai Police is upset at being kept out of the proceedings despite having 45 cases pending against Salem with them. Meanwhile, there already is talk of Salem's defence counsels in Lisbon working out a plan according to which Salem will not be released but undergo long incarceration in Portugal. With underworld don Chhota Shakeel itching to bump him off, this, they say, will ensure the mafioso's safety.

In turn, India has sought out the help of high-profile attorney Galvao Teles to help with the legal issues before the formal request for extradition is finally made. (A private firm cannot plead any extradition case-the Portuguese Government appoints an attorney for the appellants.) Teles has already given the Indian authorities the proforma and documents required in extradition procedures under Portugal's laws. Efforts are being made to explore the possibility of reviving the 1892 extradition treaty between Portugal and the then British government in India.

Several state governments in India have been ordered to expeditiously submit evidence against Salem so that the CBI can prepare a formal case which would include crimes other than the serial bomb blasts in Mumbai in 1993. Says a senior CBI officer: "We learnt our lesson when fighting for music director Nadeem Saifi's extradition from Britain, and we are very cautious about not missing out on crucial points in Portugal." With or without the help of the US, Salem's deportation remains a knotty matter. About the only consolation for India's police is the possibility that, caught up in legalities in Portugal, Salem might stop concentrating on his interests in India.

-Sheela Raval