Today, on 16th February, the Supreme Court of India declined gangster Abu Salem’s plea for release in the 1993 Bombay blasts case, rejecting claims of completing twenty-five years’ imprisonment. Justices Vikram Nath and Sandeep Mehta denied interim relief, advising Bombay High Court, pending.
NEW DELHI: The Supreme Court of India declined to entertain a plea from gangster Abu Salem, who sought release from prison in the 1993 Bombay blasts case, arguing that he had completed 25 years of imprisonment as per the Court’s ruling in 2022.
Salem, a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, following an extended legal battle.
The bench, consisting of Justices Vikram Nath and Sandeep Mehta, refused to grant any interim relief and advised Salem to pursue his remedies with the Bombay High Court, which is already reviewing the case.
Senior Advocate Rishi Malhotra, appearing for Salem, asserted that he had submitted the relevant Maharashtra prison rules regarding remission, as requested by the Court during a previous hearing. He argued that the High Court had mistakenly concluded, prima facie, that Salem had not completed 25 years in incarceration, referring to it as “only an arithmetic error” supported by affidavits from prison authorities, including the Superintendent of Nashik Jail.
However, the Bench was not convinced. They noted that the High Court’s finding was only prima facie and stated that they could not intervene at this juncture, directing Salem to file an appropriate application before the High Court. When Malhotra claimed that Salem had already endured over ten months of “illegal custody” and complained of delays in hearings, the Bench remained resolute.
The Court replied, dismissing the plea,
“If all affidavits are filed, the High Court will consider and decide. We are not hearing you on this,”
When counsel requested the Court to urge the High Court to expedite matters, the Bench pointedly remarked:
“You are convicted under TADA. You were behind bars not for doing anything good to society.”
Last month, the Court had asked Salem to present the applicable Maharashtra prison remission rules. With Friday’s order, the Supreme Court closed the door on immediate relief, leaving Salem to seek resolution before the High Court.
Previously, Salem had also approached the Bombay High Court for early release under the terms of his extradition from Portugal, but clarified that he had not yet completed the 25-year sentence mandated by the Supreme Court according to international assurances.
Salem was extradited from Portugal in 2005 after India assured Portuguese authorities that he would not face the death penalty or serve a sentence exceeding 25 years, in compliance with Portugal’s domestic law and international obligations.
In 2017, Salem was convicted and sentenced to life imprisonment for his role in the 1993 Mumbai serial blasts. However, in a landmark ruling in Abu Salem v. State of Maharashtra (2022), the Supreme Court ordered that his incarceration should not exceed 25 years from the date of his extradition to India on November 11, 2005.
A Supreme Court bench, comprising Justices Sanjay Kishan Kaul and M.M. Sundresh, had stated that the Centre is obliged to release Abu Salem upon completing 25 years of his sentence to honor its assurances to Portugal. The Court also suggested that the Central Government should advise the President of India to exercise powers under Article 72 of the Constitution in line with the commitment concerning Salem’s sentence.
The Court had held this in response to a plea from Abu Salem contesting the life sentence imposed on him, asserting that his imprisonment should not extend beyond 25 years based on the assurances given by the Indian government during his extradition. Advocate Rishi Malhotra had contended that, under Portuguese Law, it is unconstitutional to impose life imprisonment or any term surpassing 25 years. He emphasized that the Central Government had assured Salem would not face punishment beyond 25 years; however, he had been sentenced to life imprisonment.
Abu Salem Abdul Kayyum Ansari and Monika Bedi were arrested in Portugal on September 18, 2002, and subsequently extradited to India. The extradition was granted concerning the Pradeep Jain murder case, the Bombay bomb blast case, and the Ajit Diwani murder case. Upon arriving in India on November 11, 2005, Salem was arrested by the CBI in connection with the Bombay bomb blast case and later taken into custody by the Anti-Terrorist Squad, Mumbai, concerning the Pradeep Jain murder case. He was ultimately sentenced to life imprisonment by the TADA Court.
In June 2017, a Special TADA Court found Abu Salem and five others guilty of conspiring and executing a series of bomb blasts in Mumbai in 1993, which resulted in the deaths of 257 individuals. Abu Salem was convicted for various offenses under Sections 120B, 302, 307, 326, 427, 435, 436, 201, and 212 of the IPC, as well as Sections 3, 3(3), 5, 6 of the TADA Rapid Protection Act, and provisions of the Arms Act, Explosive Substances Act, and the Prevention of Damage to Public Property Act.
Case Title: Abu Salem vs. State of Maharashtra
