SC rejects gangster Abu Salem's plea seeking release from custody

The Supreme Court on Thursday dismissed a petition filed by gangster Abu Salem, who sought release from custody on the grounds that he had completed 25 years in jail in India, as mandated under the terms of his extradition from Portugal.

Extradited from Portugal on November 11, 2005, after a prolonged legal battle, Salem was sentenced to life imprisonment by a TADA court in 2017 for his role in the 1993 Mumbai blasts, which killed 257 people and injured 713 others. He was also sentenced to seven years of rigorous imprisonment by a Delhi court in 2002 in an extortion case.

On December 17, 2002, the Government of India had assured the Government of Portugal that if Salem were extradited to face trial in India, he would neither be sentenced to death nor be awarded a prison term exceeding 25 years, Salem contended.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta upheld the April order of the Bombay High Court, which had dismissed his petition seeking immediate release as “premature” and “misconceived”.

The verdict came on Salem’s plea challenging the High Court’s order.

Appearing for Salem, senior counsel Rishi Malhotra had submitted that the period he spent as an undertrial had to be set off against his sentence, as directed by the TADA court. He also contended that remission earned on account of his good conduct had to be counted towards his actual period of imprisonment.

However, the top court rejected Salem’s contention that the remission he had earned and the period he spent in undertrial custody should be counted towards the 25-year imprisonment cap arising from India’s extradition assurances to Portugal.