The Apex Court allowed CBI to withdraw the prosecution of Abu Salem under the provisions of criminal law that attracts death penalty.
The apex court bench headed by Chief Justice P. Sathasivam also vacated the stay on the trial of the cases going on against Salem in several courts across the country.
While disposing off the petition by Abu Salem, the court ruled out his return to Portugal from where he was extradited to face trial for his alleged involvement in 1993 Mumbai serial bomb blast cases.
Salem had moved the apex court challenging his trial under Maharashtra Control of Organised Crime Act (MCOCA) which mandatorily attracts death penalty.
He had contended when he was extradited, the government had given an undertaking that he would not be tried under the provisions of criminal law that attracts death sentence.