The Supreme Court questioned how Abu Salem calculated 25 years of imprisonment since his extradition in 2005, raising doubts over the inclusion of remission benefits, especially in TADA convictions, while hearing his plea seeking release.
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NEW DELHI: The Supreme Court of India raised serious questions over gangster Abu Salem’s claim that he has completed 25 years of imprisonment in India, asking how he calculated the period since his arrest in November 2005.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing Salem’s plea challenging a July 2023 Bombay High Court order, which had observed that, prima facie, the 25-year sentence period was yet to be completed.
Abu Salem, a convict in the 1993 Mumbai serial blasts case, was extradited from Portugal on November 11, 2005, after a prolonged legal battle. His extradition was allowed only after India assured Portugal that:
- Salem would not face the death penalty, and
- His imprisonment would not exceed 25 years.
This assurance has remained central to Salem’s repeated legal pleas seeking early release.
During the hearing, the Supreme Court directly questioned Salem’s legal team:
“First of all, how do you calculate 25 years from 2005?”
the bench asked.
Salem’s counsel stated that he had been in actual custody since November 11, 2005, and that remission for good behaviour should be included in computing the 25-year term.
However, the bench raised a critical legal issue:
“Your conviction is also under TADA. Let us see the Maharashtra prison rules. Whether in a case where the accused is convicted under TADA, he would get even a single day of remission or not?”
This observation puts Salem’s claim under scrutiny, as TADA (Terrorist and Disruptive Activities (Prevention) Act) convicts are often excluded from remission benefits under prison rules.
Salem had earlier approached the Bombay High Court, arguing that his 25-year sentence stood completed if remission was considered. While the High Court admitted his plea, it refused interim relief, stating that the sentence period had not yet elapsed.
In a significant July 2022 judgment, the Supreme Court ruled that the Centre is bound by its extradition assurance to Portugal and must release Salem upon completion of 25 years in custody. However, the Court did not specify whether remission would count toward this period.
Adding further complexity, Abu Salem was awarded life imprisonment in February 2015 by a special TADA court for the 1995 murder of Mumbai builder Pradeep Jain. This conviction is separate from the Mumbai blasts case and may impact the overall interpretation of his incarceration period.
The Supreme Court has directed Salem to file relevant Maharashtra prison rules within two weeks, particularly those governing remission for TADA convicts.
“Let the relevant prison rules be filed within a period of two weeks,”
the bench ordered.
The matter is scheduled for further hearing on February 9.
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