Bombay High Court Rejects Abu Salem's Release Petition as Premature
The Bombay High Court on Wednesday dismissed a petition filed by extradited gangster Abu Salem, who sought his release on the grounds of having completed 25 years in prison with remission. The court ruled that his plea was "premature", referencing a 2022 Supreme Court order which, while acknowledging his term as 25 years, explicitly noted it concludes in 2030.
Background of the Legal Battle
Abu Salem, extradited from Portugal on November 11, 2005, after a prolonged legal struggle, is serving a sentence related to the March 12, 1993, Mumbai serial bomb blasts case. Under the extradition terms agreed upon by India and Portugal, Salem cannot face the death penalty, and his prison term is capped at 25 years.
In February of this year, the Supreme Court refused to entertain Salem's plea, which argued he was in "illegal custody" for over 10 months, claiming he had already served the 25-year sentence. The top court observed that, according to prison authorities' affidavits, Salem had undergone 19 years following his conviction under the Terrorist and Disruptive Activities (Prevention) Act (TADA).
Court Proceedings and Arguments
Salem's petition before the Supreme Court challenged a July 2025 order from the Bombay High Court, which stated that prima facie, the 25-year period had not yet been completed. However, Salem contended, citing the Maharashtra Prisons (Remission System) Rules, 1962, that factoring in remission for good behavior meant the term was served.
The Supreme Court directed Salem to present his case before the High Court, where he sought release based on this remission argument. The High Court had earlier admitted his petition but denied any interim relief. Subsequently, Salem withdrew his plea before the Supreme Court, reserving the liberty to approach the High Court for an early disposal.
Recent Hearing and Dismissal
On Wednesday, the Bombay High Court heard arguments from Salem's counsel Farhana Shah, State prosecutor MM Deshmukh, and CBI counsel Kuldeep Patil, all of whom opposed the plea. After deliberation, the court dismissed the petition, reinforcing that the 2022 Supreme Court order sets the term end in 2030, thereby deeming Salem's request for premature release invalid.
This ruling underscores the ongoing legal complexities surrounding Salem's incarceration, highlighting the stringent adherence to judicial timelines and extradition agreements in high-profile terrorism cases.
