Gangster Abu Salem must be released on 25-year term completion: Supreme Court

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New Delhi, July 11

Gangster Abu Salem, a convict in the 1993 Mumbai serial blasts case, will be a free man after spending 25 years in prison as the Supreme Court today ruled that the Centre should honour the terms of India-Portugal extradition treaty that formed the basis of his extradition.

A Bench led by Justice Sanjay Kishan Kaul, however, made it clear that Salem’s detention period in Portugal in relation to a passport fraud case can’t be considered as part of the 25-year term.

“We conclude that the detention of the appellant (Salem) commence(s) from October 12, 2005, in the present case. On the appellant completing 25 years of sentence, the Central government is bound to advise the President of India for exercise of his powers under Article 72 of the Constitution, and to release the appellant in terms of the national commitment as well as the principle based on comity of courts,” the Bench said.

The necessary papers have to be forwarded within a month of completion of the 25-year sentence of Salem, it said. “In fact, the government can itself exercise this power (of remission) in terms of Sections 432 and 433 of the CrPC and such an exercise should also take place within the same time period of one month,” it said.

Salem extradited from Portugal on November 11, 2005 after a prolonged legal battle.