The Supreme Court has rejected gangster Abu Salem’s plea seeking premature release in connection with the 1993 Mumbai serial blasts case.
The decision has attracted attention because Salem’s imprisonment is connected not only with his criminal conviction but also with the extradition assurances given by India to Portugal.
Why Abu Salem Asked for Early Release
Abu Salem was extradited from Portugal to India in November 2005. During the extradition process, India provided assurances concerning his punishment, including that he would not face the death penalty and that his imprisonment would not exceed 25 years under the relevant assurance.
Salem later argued that he had already completed the applicable period.
His legal team wanted the calculation to include the time he spent as an undertrial as well as remission he received for good conduct.
The government disagreed with this interpretation, arguing that ordinary prison remission could not simply be used to reduce the period arising from the extradition assurance.
The Bombay High Court’s Earlier Decision
Before the latest Supreme Court proceedings, Salem had approached the Bombay High Court.
In April 2026, the High Court rejected his request for premature release. The court held that the 25-year period associated with the extradition assurance could not be reduced through ordinary remission.
The court also indicated that the relevant period would be completed in November 2030.
Salem subsequently challenged the position before the Supreme Court.
What the Supreme Court Decided
The Supreme Court has now rejected Salem’s plea.
The decision means that his current argument for premature release, based on his calculation of custody and remission, will not result in his immediate release.
The ruling is particularly interesting from a legal perspective because it involves the interaction of three different issues:
criminal sentencing;
prison remission and custody calculations; and
international extradition assurances.
The case therefore goes beyond a simple question of how many years a prisoner has spent in custody.
अबू सलेम की रिहाई पर सुप्रीम कोर्ट का बड़ा फैसला, 25 साल की सजा में...
अबू सलेम ने रिमिशन और अंडरट्रायल अवधि जोड़कर 25 साल पूरे होने का दावा किया था। सुप्रीम कोर्ट ने समय से पहले रिहाई की मांग ठुकरा दी।
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