1993 serial blasts: Bombay HC says Abu Salem's 25-year jail term prima facie not over yet

Indian Express

2 days ago

The Bombay High Court on Monday prima facie observed that gangster Abu Salem, who has been sentenced to life imprisonment in the 1993 Mumbai serial blasts case, has not completed 25 years of incarceration to qualify for remission of his sentence.
Salem has claimed that he has completed nearly 25 years in prison as per extradition treaty between India and Portugal and therefore he should be given a tentative date of release from jail.
The HC admitted Salem's plea seeking remission and premature release from jail argued through senior advocate Rishi Malhotra and advocate Farhana Shah
'As per the Supreme Court judgment, it is recorded that the date of arrest is October 12, 2005. On completion of 25 years of incarceration, the central government is bound to exercise the powers of remission and release the applicant. Prima facie, it is clear that the 25 years of incarceration is yet to be completed,' a bench of Justices Ajey S Gadkari and Rajesh S Patil observed and admitted the plea.
Additional Solicitor General Anil Singh for Union Ministry of Home Affairs (MHA) sought dismissal of Salem's plea stating that honouring the 25-year period mentioned in assurance will arise only when the 25 years were to expire, which will happen on November 10, 2030.
The MHA said that it would abide by the period of 25 years at an appropriate time subject to remedies, which may be available.
Salem, who was transferred from Taloja Central Prison in Navi Mumbai to Nashik Central Prison last year, was extradited to India from Portugal on November 11, 2005.
He was placed under arrest on November 24, 2005, and subsequently tried for the offences he had been charged with.
In September 2017, Salem was convicted in the Mumbai serial blasts case. Two years earlier, in 2015, he had been sentenced to life imprisonment for the 1995 murder of Mumbai-based builder Pradeep Jain.
On July 11, 2022, the Supreme Court observed that the central government was bound to advise the President to exercise his powers of remission to release Salem after he completes 25 years in prison, in accordance with the sovereign assurance given by the Indian government to Portugal at the time of his extradition.
However, the court declined to extend any special privilege to commute or restrict the sentence imposed on him.
In October last year, Salem argued before the special court designated under the Terrorist and Disruptive Activities (Prevention) Act (TADA) that he had neared 25-year term and same included time spent as an undertrial and later as a convict, along with nearly three years of remission he was entitled to under prison rules.
In December, 2024, the special court rejected Salem's claim, after which he approached the High Court.
The MHA's affidavit in response stated that the plea was 'entirely misconceived, baseless and is based on a misplaced understanding of law'.
The Centre further said that the petitioner should approach the SC for further clarification as it would be the appropriate forum.
The MHA said that the petitioner's calculation was 'not correct' and he has 'attempted to combine two separate conviction periods undergone in separate cases to arrive at a conclusion' that he completed a conviction period of 24 years and nine months on December 31, 2024.
However, the MHA in its May, 2025 affidavit claimed that till March 31, 2025 he had served 19 years, 5 months and 21 days.
The HC will hear the plea in due course.