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The court had taken into consideration the observation made by the Supreme Court of Justice, Portugal in its order date January 27, 2005. The order read as that the government of Indian union cannot guarantee that such a sentence will not be applied by its (independent) courts, one can only request it to provide a guarantee that, should such a sentence be imposed, then in order to restrict it, it will resort to all legal measures available for pardon, reprieve, respite or remission of punishment or similar measure of punishment. While the treaty states that Salem his explanation cannot be imprisoned for more than 25 years, the court had observed that, union of India in its domain particularly the executives in their wisdom and domain would be free to exercise its power and the matter of execution of the sentence by the court..

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