- The Supreme Court dismissed Abu Salem's plea for release after 25 years in jail in India
- Salem's extradition terms from Portugal prohibit death penalty and limit jail term to 25 years
- Bombay High Court ruled Salem's release premature as 25-year term ends only in November 2030
The Supreme Court on Thursday dismissed a plea filed by gangster Abu Salem, who sought release from custody on the grounds that he has completed 25 years in jail in India as mandated under the terms of his extradition from Portugal.
According to the extradition terms agreed upon by India and Portugal, Salem cannot be given the death penalty and his prison term cannot exceed 25 years.
A bench of Justices Vikram Nath and Sandeep Mehta upheld the April order of the Bombay High Court which had dismissed his petition seeking immediate release as "premature" and "misconceived".
The High Court stated that, in accordance with the assurance given by India to Portugal at the time of extradition, the 25-year term would conclude in November 2030. This period could not be further reduced based on standard prison remission rules, the Bombay High Court said.
The apex court delivered its verdict on Salem's plea challenging the high court order.
Senior lawyer Rishi Malhotra, representing Salem, argued that the time spent as an undertrial should be adjusted against the sentence. He further contended that remission earned for good conduct forms part of the actual imprisonment and must be included in the calculation of the 25-year term.
During the hearing, Salem also cited the judgment in the Swami Shraddananda v State of Karnataka case. He claimed that when the undertrial period and earned remission are added up, his total imprisonment amounts to approximately 25 years, adding that the time had come for his release.
Salem, a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
