The Supreme Court on Thursday dismissed an appeal filed by 1993 Mumbai serial blasts convict Abu Salem seeking immediate release from prison, upholding an earlier ruling that his request was premature.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta determined that there was no legal infirmity in an April decision by the Bombay High Court, which had thrown out Salem’s petition as premature and misconceived. Pronouncing the order, Justice Nath stated that the appeal stood dismissed.
Salem had petitioned the judiciary on the grounds that he had already satisfied the 25-year maximum imprisonment period stipulated under his extradition agreement with Portugal. Representing Salem, senior advocate Rishi Malhotra maintained that his client had accumulated more than two years and nine months of remission for good conduct while in custody. The defence argued that when undertrial detention, post-conviction imprisonment, and earned remission credits are combined, Salem’s served time surpasses the 25-year threshold.
The apex court, which had heard arguments and reserved its verdict in July, had challenged that computation during proceedings, asking how Salem could claim to have completed 25 years. When the bench enquired whether the defence preferred a detailed verdict or a simple dismissal, Malhotra requested a comprehensive ruling addressing the underlying legal issue.
Salem was extradited to India from Portugal on November 11, 2005, following an extended cross-border legal battle, and continues to serve his sentence for his conviction in the 1993 Mumbai serial bombings.
