Salem has been serving his sentence for his involvement in the 1993 Bombay blasts and claims to have completed over 25 years of imprisonment as per the terms of his extradition from Portugal.
MUMBAI: The Bombay High Court has issued a notice to the Union of India regarding a petition filed by gangster Abu Salem, who is seeking remission of his sentence and premature release from prison.
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Salem has been serving his sentence for his involvement in the 1993 Bombay blasts and claims to have completed over 25 years of imprisonment as per the terms of his extradition from Portugal.
A division bench comprising Justices Sarang Kotwal and SM Modak has allowed Abu Salem to amend his petition to include the Union of India as a respondent. The Court also issued notice to the newly added respondent. Additionally, the Court has asked the State to file its reply affidavit and has scheduled the next hearing for March 26.
Abu Salem, convicted in the 1993 Bombay blasts case, argues that under the terms of the extradition treaty between India and Portugal, he should not be detained for more than 25 years. Salem was extradited to India in 2005 with the assurance that his imprisonment would not exceed 25 years, in line with the “principle of specialty.”
Salem had previously approached a special Terrorist and Disruptive Activities (TADA) court, but his plea for remission was rejected on December 10, 2024. Following this, he moved the Bombay High Court.
Duration of Imprisonment and Remission Claimed
Salem’s petition details the time he has already spent in jail:
- He was an undertrial from November 2005 to September 2017, completing 11 years, 9 months, and 26 days.
- As a convict in the 2006 TADA case, he served 9 years, 10 months, and 4 days from February 2015 to December 2024.
- Salem has earned 3 years and 16 days of jail remission for good behavior in the 2006 case.
- Additionally, the Supreme Court gave him a 1-month relaxation for the time he spent as an undertrial in Portugal.
By adding these periods, Salem argues that he has effectively served over 24 years and 9 months in total by the end of 2024.
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Salem’s petition also highlights concerns about a potential breach of assurances made during his extradition from Portugal. He argues that the extradition terms clearly specified that his sentence would not exceed 25 years.
The High Court will further deliberate on the matter in the next hearing scheduled for March 26.
[Case Title: Abu Salem v State of Maharashtra]
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