The Supreme Court on Monday refused to entertain a plea filed by gangster Abu Salem, who claimed that he had been in “illegal custody” for more than 10 months after completing his 25-year sentence in the 1993 Mumbai serial blasts case, reported the PTI.
A bench of Justices Vikram Nath and Sandeep Mehta said Salem should argue his case before the Bombay High Court, which is already hearing the matter.
Salem had challenged a July 2025 order of the Bombay High Court, which had observed that, at first glance, it appeared that his 25-year prison term was not yet complete.
He had approached the high court seeking release, arguing that if remission for good behaviour was included, he had already completed his 25-year sentence. While the high court admitted his petition, it refused to grant him interim relief, according to the PTI.
During Monday’s hearing, the Supreme Court told his lawyer that the high court had only denied interim relief. “Go and argue it finally before the high court,” the bench said.
The petition was later dismissed as withdrawn, with liberty granted to Salem to seek early listing and disposal of his case before the high court.
Referring to the Maharashtra Prisons (Remission System) Rules, 1962, Salem’s lawyer argued that he had already spent over 10 months in “illegal custody” beyond the 25-year limit.
However, the court noted that, according to an affidavit filed by prison authorities, Salem had completed 19 years of his sentence.
Justice Nath remarked that Salem had been given 25 years in prison after being convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA).
Earlier, on January 12, the apex court had asked Salem to justify his claim that he had completed 25 years in jail — a claim which, if proven, could make him eligible for release.
Extradition terms with Portugal
Abu Salem was extradited from Portugal on November 11, 2005, after a long legal process.
Under the extradition agreement between India and Portugal, he cannot be awarded the death penalty and his imprisonment cannot exceed 25 years.
In a July 2022 judgment on a separate plea, the Supreme Court had said the Centre was bound to honour its assurance to Portugal and release Salem after completion of his 25-year sentence in the 1993 Mumbai blasts case.
Other convictions
In February 2015, a special TADA court sentenced Salem to life imprisonment in another case for the 1995 murder of Mumbai-based builder Pradeep Jain.
The matter regarding his sentence calculation in the blasts case will now continue before the Bombay High Court.
(with PTI inputs)