The Supreme Court on Monday reserved its order on gangster and 1993 Mumbai blasts convict Abu Salem’s plea seeking premature release after hearing arguments on whether the remission he earned in prison and the period spent in custody as an undertrial should be counted towards the 25-year imprisonment limit under India’s extradition assurances to Portugal. His counsel has argued that, under the extradition terms, Salem completed 25 years of imprisonment on December 24, 2024.
Arguments before Supreme Court
Appearing for Abu Salem, senior counsel Rishi Malhotra argued that prison authorities had not credited the time he spent in custody as an undertrial, despite a specific direction issued by the special TADA court. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta verbally asked Senior Advocate Rishi Malhotra, whether he wanted “a detailed judgment or dismissal simpliciter.” The Court, however, reserved its order and permitted the parties to file written submissions and supporting judgments within a week, according to Live Law. The plea stems from the conditions under which Abu Salem was extradited from Portugal. Earlier, the Supreme Court had refused to grant him interim relief but permitted him to approach the Bombay High Court to determine whether, in view of the extradition terms, the period he has spent in custody qualifies him for premature release. Abu Salem is serving a life sentence after being convicted in the 1993 Mumbai serial blasts case and is lodged at Nashik Road Central Prison. Salem, in his petition, calculated his custody period by combining nearly 11 years and 10 months as an undertrial, nearly 10 years as a convict, and more than three years of remission for good conduct. The High Court had earlier listed his plea after a special TADA court rejected his request for release.
CBI cites fine requirement
Besides, the CBI has told the special TADA court that Salem must pay fines imposed in two earlier convictions before the expiry of the 25-year period applicable to his incarceration. The probe agency said Salem must deposit a total fine of Rs 16.51 lakh with the court registry before the completion of the stipulated period. According to the CBI, failure to pay the amount by October 12, 2030, would make Salem liable to serve the alternative default sentences prescribed by the court. Salem had approached the special TADA court seeking clarity on whether he was required to pay the fines or undergo the itional sentence prescribed in case of non-payment. The premier investigative agency said the fine was not optional and that the court could direct Salem to deposit the amount in accordance with the prescribed procedure.
