The Portugese government's extradition condition that death sentence will not be imposed on underworld don Abu Salem might turn out to be a contentious legal issue.

The designated Terrorist And Disputed Activities court asked the Central Bureau of Investigation on Friday how it was producing an accused in court with a pre-condition. TADA Judge P D Kode asked CBI if there was any legal provision that could allow them to do this.

• First look: Salem in court

The CBI promptly withdrew its submission on the subject, saying they would argue on the issue at an appropriate stage. The judge later allowed the CBI to submit documents relating to these conditions for extradition.

According to CBI, the Portugese government, while acceding to to Indian request for extradition of Abu Salem, had put two conditions - that in case of conviction he would not be awarded capital punishment and that he would not serve a jail term exceeding 25 years.

• 'Salem extradition a major success for CBI'