SC reserves order on Abu Salem's plea for release after 25 years in jail

The Supreme Court on Monday reserved its verdict on gangster Abu Salem's plea seeking his release from prison, with the convict arguing that he has completed the maximum 25-year imprisonment permitted under the terms of his extradition from Portugal.

A bench of Justices Vikram Nath and Sandeep Mehta was hearing Salem's appeal against an April order of the Bombay High Court, which had dismissed his plea for immediate release as "premature" and "misconceived".

Salem, convicted in the 1993 Mumbai serial blasts case, was extradited from Portugal on November 11, 2005, under an agreement that bars India from imposing the death penalty on him or keeping him in prison for more than 25 years.


During the hearing, the bench questioned Salem's claim that he had already completed the 25-year period.

"How you (Salem) have completed 25 years?" the bench asked.

Salem's counsel submitted that the gangster had earned more than two years and nine months of remission for good conduct in prison and argued that, when his period as an undertrial, post-conviction custody and earned remission are taken together, he has already completed over 25 years in jail.

The bench then asked, "Do you want a detailed judgement or a simpliciter dismissal," to which Salem's counsel sought a detailed ruling on the legal issue.

"Order reserved," the bench said.

The counsel also pointed out that no notice had been issued on the petition and argued that the period Salem spent in custody as an undertrial should be counted.

"We will consider all your submissions," the bench said, while directing Salem's lawyer to file written submissions within a week.

In its April order, the Bombay High Court had ruled that Salem could not rely on earned remission to reduce the 25-year cap under the extradition agreement.

"The petitioner cannot claim an automatic reduction of the 25-year term by inclusion of earned remissions. Earned remissions are under the prison rules and therefore, it has no application," the high court had said.

The high court observed that Salem was first arrested on November 11, 2005, and that the 25-year period would end only in November 2030.

Salem is serving life imprisonment in the 1993 Mumbai serial blasts case as well as another criminal case.

In a separate ruling in July 2022, the Supreme Court had held that the Centre was "bound" to honour the assurances given to Portugal and release Salem upon completion of the 25-year sentence under the extradition agreement.

(With PTI inputs)