It said trial of the case will continue but the final order would not be passed by the Special TADA court.
A bench headed by Chief Justice K G Balakrishnan sought a reply from the Maharashtra government on a contention by Salem that he was charged for the offences which was not part of the agreement the Indian government had entered into with Portugal for his extradition. Salem and two others -- Mohammed Hasan Mehdi Hasan and Virendra Jambh -- have been charged under various sections of the IPC, Arms Act and TADA for murder, attempt to murder, criminal conspiracy, extortion and possession of arms.
Senior advocate K T S Tulsi contended that Salem was not extradited from Portugal under charges of conspiracy in the Jain murder and, therefore, he could not be framed on that count.
Two other accused Mohammed Naeem Abdul Rahim Khan and Riyaz Siddique have turned approvers. Jain was murdered in March 1995 allegedly by Salem's hitmen after he failed to pay the extortion amount.