Supreme Court Rejects Abu Salem’s Plea For Premature Release, Jail Term To Continue Till 2030

The Supreme Court on Thursday dismissed 1993 Mumbai serial blasts convict Abu Salem’s plea seeking premature release from prison, rejecting his claim that his undertrial detention and jail-earned remission should be counted towards the 25-year sentence fixed by the court.

A Bench of Justices Vikram Nath and Sandeep Mehta dismissed Salem’s petition challenging the Bombay High Court’s refusal to order his immediate release. The matter had been reserved for judgment on July 27.

Salem Claimed He Had Completed 25-Year Term

Salem, who is currently lodged at Nashik Road Central Prison, argued that his time spent in custody as an undertrial, his post-conviction imprisonment and nearly three years of remission earned for good conduct should be considered while calculating the 25-year term.

His plea relied on the sovereign assurance given by India to Portugal at the time of his extradition that he would not be imprisoned for more than 25 years.

The Supreme Court, however, rejected his challenge to the Bombay High Court’s April 15 ruling.

Bombay High Court Had Rejected Release Plea

The Bombay High Court had held that the 25-year period fixed by the Supreme Court was the substantive sentence Salem was required to serve and could not be reduced through ordinary prison remissions.

A Division Bench of Justices A.S. Gadkari and Kamal Khata had described Salem’s attempt to use earned remission to shorten the 25-year period as legally unsustainable.

The High Court had also ruled that prison remission is administrative in nature and does not automatically reduce a sentence imposed by a court.

25-Year Period Ends In November 2030

According to the Bombay High Court’s calculation, Salem’s 25-year period will expire in November 2030, counting from his arrest on November 11, 2005.

The court had said the sovereign assurance given to Portugal could not be further reduced on account of remission earned under prison rules.

It also clarified that any statutory remission or reduction below the 25-year period could only be considered in accordance with the Supreme Court’s directions. The executive would have to consider the matter one month before completion of the 25-year period.

Abu Salem’s Extradition And Convictions

Salem was extradited from Portugal and brought to India in November 2005. He was produced before the TADA court on November 11 that year in connection with the 1993 Mumbai blasts case.

He was convicted in TADA Case No. 1 of 2006 in February 2015 and sentenced to life imprisonment. He was subsequently convicted in the 1993 Mumbai blasts case in September 2017 and sentenced to life imprisonment, with both sentences ordered to run concurrently.

In July 2022, the Supreme Court upheld his convictions but restricted his imprisonment to 25 years, taking into account the sovereign assurance given by the Indian government to Portugal that Salem would not be imprisoned beyond that period.

The apex court had also directed the government to consider remission under Sections 432 and 433 of the CrPC one month before the completion of the 25-year period.

Earlier Plea Before Supreme Court

Earlier this year, Salem had approached the Supreme Court seeking premature release under the extradition arrangement between India and Portugal.

In February, the top court allowed him to withdraw that plea and gave him liberty to seek an early hearing of the pending matter before the Bombay High Court.

With the Supreme Court now dismissing his latest challenge, the Bombay High Court’s finding that the 25-year period cannot be reduced through ordinary prison remission remains in place.