The Supreme Court has reserved its decision on a petition filed by 1993 Mumbai serial blasts convict Abu Salem seeking immediate release from prison, based on his contention that he has completed the maximum 25-year sentence permitted under his extradition terms from Portugal.
A bench comprising Justices Vikram Nath and Sandeep Mehta wrapped up hearings on Monday regarding Salem’s appeal against a Bombay High Court decision. During the session, the apex court questioned how the convict had calculated that his 25-year incarceration period was already fulfilled.
Salem’s legal counsel submitted that the gangster’s cumulative time in prison exceeds 25 years when factoring together his detention as an undertrial, his post-conviction custody, and more than two years and nine months of remission earned for good conduct. In response to the bench asking whether the defense sought a simple dismissal or a formal ruling, Salem’s advocate requested a detailed judgment on the legal applicability of prison remissions and undertrial detention toward the extradition limit.
The bench instructed Salem’s legal team to file written submissions within a week, noting that all points raised in the petition would be evaluated.
High Court Ruling And Timeline
The appeal challenges an April order from the Bombay High Court, which dismissed Salem’s petition for early release on the grounds that it was premature and misconceived. The High Court held that prison remission regulations cannot be applied to reduce the 25-year ceiling established in the international extradition agreement.
Calculating his prison sentence from his initial arrest on November 11, 2005, following his extradition from Portugal, the High Court determined that Salem’s 25-year term will formally expire only in November 2030, ruling out any automatic sentence reduction through earned remissions.
Extradition Terms And Legal Precedent
Salem is serving a life sentence for his conviction in the 1993 Mumbai serial bomb blasts case, as well as a sentence in another criminal matter. He was extradited to India in November 2005 under solemn assurances that India would neither impose the death penalty nor retain him in prison past 25 years.
The legal obligations governing his confinement were previously examined by the Supreme Court in July 2022, when the court held that the Central Government is bound to respect its diplomatic commitments to Portugal and must release Salem upon his completion of the 25-year sentence.
