SC turns down gangster Abu Salem's plea seeking release from custody

The Supreme Court on Thursday, 10 September, dismissed a plea filed by gangster Abu Salem, who sought his release from custody on grounds that he has completed 25 years in jail in India as mandated under the terms of his extradition from Portugal.

A bench of Justices Vikram Nath and Sandeep Mehta upheld the Bombay High Court order which had dismissed Salem's petition seeking immediate release as "premature" and "misconceived".

Salem, a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle. Salem was also sentenced to life imprisonment in another case.

According to the extradition terms agreed upon by India and Portugal, Salem cannot be given the death penalty and his prison term cannot exceed 25 years.

On 27 July the apex court had reserved its order on Salem's plea.

During the arguments in Supreme Court, Salem’s counsel had referred to the periods undergone by Salem as an undertrial, post-conviction and also the earned remission, and argued that he has already completed over 25 years in jail.

In its order in March 2022, the high court had noted that Salem's attempt to include earned remissions to shorten the 25-year cap was "legally unsustainable".

"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.

It noted that Salem was first arrested on November 11, 2005, and a simple calculation of the 25-year period from the said date will expire in November 2030.

In its July 2022 verdict on Salem's separate plea, the apex court had said the Centre was "bound" to honour its commitment given to Portugal and release Salem on the completion of his 25-year sentence.