Bombay HC Admits Gangster Abu Salem’s Plea for Early Release, Says 25-Year Term Not Yet Complete
Opposing the plea, the Maharashtra government submitted that Salem has not completed the 25-year period, claiming that his custody prior to extradition, between 2002 and 2005 in Portugal, could not be included in calculating the sentence term;
The Bombay High Court has admitted a petition filed by gangster Abu Salem seeking early release under the terms of his extradition from Portugal, but clarified that he has not yet completed the 25-year sentence mandated by the Supreme Court in line with international assurances.
A Division Bench of Justices AS Gadkari and Rajesh S Patil, while declining any interim relief in Salem’s plea, prima facie observed that he had not yet served the full sentence as per the 2002 extradition agreement between India and Portugal.
Extradition Conditions and SC’s 25-Year Cap
Salem was extradited from Portugal in 2005 after India gave assurances to Portuguese authorities that he would not be awarded death penalty or imprisoned beyond 25 years, in accordance with Portugal’s domestic law and international obligations.
In 2017, Salem was convicted and sentenced to life imprisonment in the 1993 Mumbai serial blasts case. However, in a landmark ruling in Abu Salem v. State of Maharashtra (2022), the Supreme Court directed that his incarceration shall not exceed 25 years, counting from the date of his extradition to India on November 11, 2005.
Salem approached the High Court earlier this year seeking enforcement of this directive, arguing that his continued incarceration violated the express conditions of his extradition and the top court’s order.
State's Objection and Court’s Observations
Opposing the plea, the Maharashtra government submitted that Salem has not completed the 25-year period, claiming that his custody prior to extradition, between 2002 and 2005 in Portugal, could not be included in calculating the sentence term. The State contended that Salem’s official incarceration in India began only in 2005, and therefore, his sentence would complete in 2030.
Salem, however, contended that the duration of his custody in Portugal following his arrest should be included while computing the sentence, as it was part of the same criminal process initiated by India.
Taking note of the submissions, the Court held that whether pre-extradition custody could be included would need further consideration, but agreed to admit the matter for final hearing.
“Prima facie, it appears that the petitioner has not completed 25 years of incarceration in accordance with the judgment of the Supreme Court and the assurances given to the Republic of Portugal,” the bench noted.
Next Steps
The Court has now directed the matter to be listed for final hearing on a later date, signalling that the question of calculating the 25-year cap, especially whether Salem’s custody abroad would qualify, remains open for adjudication.
Case Title: ABU SALEM Vs. STATE OF MAHARASHTRA