Abu Salem is surrounded by policemen as he arrives at a court in Hyderabad
Credit: Reuters Photo
New Delhi: The Supreme Court on Monday asked extradited gangster Abu Salem, a convict in the 1993 Mumbai serial blasts, to explain when he was arrested in 2005, how he could claim that he had completed the 25-year jail term in India.
A bench of Justices Vikram Nath and Sandeep Mehta asked senior advocate Rishi Malhotra, appearing for Salem, seeking pre-mature release in terms of an extradition treaty between India and Portugal governments, to produce Maharashtra State Rules to ascertain if it allows remission to a convict under the Terrorist and Disruptive Activities (TADA) Act.
During the hearing, the bench, however, asked the counsel, "How 25 years are you calculating? How do you calculate 25 years from 2005?"
Salem was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
The court was hearing Salem’s plea against a July, 2025 order of the Bombay High Court, which said prima facie it appeared that the period of 25 years was yet to be completed.
As Salem’s conviction was also for TADA (Terrorist and Disruptive Activities (Prevention) Act), the bench sought to go through the present rules of Maharashtra.
"Whether in a case where the accused is convicted under TADA, he would get a single day’s remission or not," the bench asked.
Malhotra argued that his right to life and liberty as guaranteed under Article 21 of the Constitution of India was being breached by the authorities since he was being kept in prison beyond the 25 years jail term as agreed by the Indian authorities while signing the treaty.
Malhotra submitted that this court also earlier said that in this case, it would not be life imprisonment.
He claimed as per the calculation, Salem did complete a 25-year jail term.
Salem contended that he had already undergone 25 years' imprisonment if the remission for good behaviour was included.
The apex court, in its July 2022 verdict on Salem’s separate plea, 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.
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.