Top Court Asks Abu Salem To Justify Claim Of Having Spent 25 Years In Jail

The Supreme Court on Monday asked gangster Abu Salem to justify his claim that he has spent 25 years in jail, a contention if proven will allow him to walk free from jail.

Salem, a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.

According to the extradition terms agreed upon by India and Portugal, Salem cannot be given death penalty and his prison term cannot exceed 25 years. Taking note of his plea, a bench of Justices Vikram Nath and Sandeep Mehta questioned his counsel over the claim of having completed 25 years jail term in India and asked him to substantiate the contention.

"First of all, how do you calculate 25 years from 2005?" the bench asked the counsel appearing for Salem.

His counsel said as per the calculation, Salem has completed 25-year jail term.

"You were taken in actual custody on which date?" the bench asked.

The counsel said Salem was taken into custody on November 11, 2005.

"So you calculate 25 years including your remission?" the bench asked.

"Your (Salem) conviction is also under TADA (Terrorist and Disruptive Activities (Prevention) Act). Let us see the prison rules of Maharashtra. Whether in a case where the accused is convicted for TADA, he would get a single day remission or not?" it said.

Salem's counsel said he would place the relevant prison rules on record.

"Let the relevant prison rules be filed within a period of two weeks by the petitioner," the bench said, and posted the matter for hearing on February 9.

The top court was hearing Salem's plea against a July last year order of the Bombay High Court which said prima facie it appeared that the period of 25 years was yet to be completed.

Salem had filed a petition in the high court seeking to be released claiming he had already undergone 25-year imprisonment if the remission for good behaviour was included.

The high court had admitted his petition but refused any interim relief.

In its July 2022 verdict on Salem's separate plea, the top court had said the Centre was "bound" to honour its commitment given to Portugal and release Salem on completion of his 25-year sentence in the 1993 Mumbai blasts case.

The assurance was given to Portugal that the gangster would not be handed down the death penalty or imprisonment for a term beyond 25 years.   In February 2015, a special TADA court had awarded life imprisonment to Salem in another case for murdering Mumbai-based builder Pradeep Jain in 1995.

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