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Along with the requisition, relevant facts of the cases were enclosed in the form of duly sworn affidavits of the concerned police officers along with supporting documents. Subsequently, the Government of India issued a notification under Section 3(1) of the Extradition Act, 1962 (hereinafter referred to as the ‘Extradition Act’) applying the provisions of the Extradition Act to Portugal with effect from 13.12.2002.

8. The Government of India further gave a solemn sovereign assurance on 17.12.2002 through the then Deputy Prime Minister, Shri L.K. Advani, to the effect that the Government will exercise its powers conferred by the Indian laws to ensure that if extradited by Portugal for trial in India, the appellant would not be visited by death penalty or imprisonment for a term beyond 25 years. The assurance reproduced Section 34C of the Extradition Act mandating that in case of extradition of a fugitive criminal involved in the commission of offences punishable with death in India, on his surrender, he shall not be liable for death penalty and shall be liable for punishment of life imprisonment in place of death penalty, for the said offence. The sovereign assurance also referred to Article 72(1) of the Constitution of India (hereinafter referred to as the ‘Constitution’) to emphasise that the President of India has power to grant pardon, reprieve, respite, or remit punishment or suspend, remit or commute the sentence of any person convicted of any offence. Lastly, the assurance also mentioned that Sections 432 and 433 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.), which confer power on the Government to commute the sentence of life imprisonment to a term not exceeding 14 years. In a way, the relevant constitutional and legal provisions were brought to the notice of Portugal to give them confidence that there were provisions in India which would ensure that the commitments given would be adhered to.