The Bombay High Court on Wednesday dismissed a petition filed by extradited gangster Abu Salem seeking his immediate release from prison. Salem had argued that his 25-year maximum sentence, as mandated by India’s extradition treaty with Portugal, had been served if “remission” for good behavior was taken into account.
However, the court ruled that the plea was “premature,” noting that the calculation of his actual time served does not yet meet the 25-year threshold required for release.
Abu Salem, a key convict in the 1993 Mumbai serial blasts case, was extradited from Portugal in 2005. A critical condition of his extradition was a sovereign assurance by the Indian government that he would neither face the death penalty nor be imprisoned for a period exceeding 25 years.
In his petition, filed through advocate Farhana Shah, Salem contended that although he has been in Indian custody since 2005, the inclusion of remission—time deducted from a sentence for good conduct—would mean he has effectively completed the 25-year term.
A division bench comprising Justices A. S. Gadkari and Kamal Khata declined to accept this interpretation. The bench emphasized that the point of remission cannot be adjudicated at this stage.
The High Court relied on a precedent set by the Supreme Court of India, which stipulates that the calculation of a prisoner’s remission should typically occur approximately one month before their scheduled release date.
“It would be premature to say anything at this stage on the point of remission,” the bench observed. “Therefore, the present petition is dismissed.”
The government strongly opposed Salem’s bid for freedom, arguing that the gangster has only spent 19 years in jail following his extradition. Counsel for the state maintained that any decision regarding premature release is currently pending and that the petitioner’s claim of having completed 25 years is factually incorrect based on the actual calendar years spent behind bars.
Salem is currently serving a life sentence for his role in the 1993 blasts, which killed 257 people and injured over 700. While he was sentenced to life, the 25-year cap remains the legal ceiling for his incarceration due to the international treaty obligations between India and Portugal.
A detailed copy of the court’s order is expected to be released shortly.
