Abu Salem plea for immediate release after 25 years dismissed by HC

Mumbai: The Bombay High Court on Wednesday dismissed gangster Abu Salem's plea for immediate release, claiming he had served 25 years in jail in India mandated under the terms of his extradition from Portugal.

In his plea, Salem had contended that if remission for good behaviour is included, then his 25-year jail term is complete and hence he ought to be freed.

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A bench of Justices A S Gadkari and Kamal Khata said it cannot hold that the 25-year jail term is complete, as it would be premature to say anything at this stage on the point of remission.

The court relied on a Supreme Court judgment wherein it was held that remission of a prisoner would need to be calculated a month before the applicant's release.

"Therefore, the present petition (filed by Salem) is dismissed," the court said.

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A copy of the detailed order is yet to be made available.

Salem's plea, filed through advocate Farhana Shah, had said that when he was extradited from Portugal in 2005, India had assured that he would not be handed over the death penalty in any case and that he would not be imprisoned for more than 25 years.

The government had opposed his plea, noting that Salem has spent only 19 years in jail and that a decision on his premature release was pending.

Salem was convicted in the 1993 Mumbai serial bomb blasts case and sentenced to life imprisonment.