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The Bombay High Court has urged the central and Maharashtra state governments to show urgency in responding to a plea filed by 1993 Mumbai serial blasts convict Abu Salem, who is seeking premature release from prison.
The court’s directive comes as Salem argues that he has completed 25 years behind bars and must be freed in accordance with the extradition treaty signed between India and Portugal during his extradition in 2005.
Salem’s plea, filed through advocate Farhana Shah, claims that when accounting for his time in prison—including his period as an undertrial, his sentence as a convict, and remission earned for good behaviour—he has effectively completed 24 years and 9 months in jail.
He asserts that under the terms of the extradition agreement, which prohibits a sentence beyond 25 years, his continued incarceration violates his fundamental right to life and liberty under Article 21 of the Indian Constitution.
The gangster has detailed his prison timeline, stating that from November 2005 to September 2017, he spent around 11 years and 10 months as an undertrial. Following his conviction, he has remained imprisoned from February 2015 to December 2024, which he calculates as nearly 10 years.
Additionally, he claims to have earned remission of over three years for good behaviour and was granted an extra month’s relaxation by the Supreme Court for time spent as an undertrial in Portugal.
Salem has cited a 2022 Supreme Court ruling, which acknowledged the extradition treaty and held that he must be released upon completing 25 years in custody. His plea seeks a clear directive from authorities specifying the exact date of his release.
The case has drawn significant legal and diplomatic scrutiny, as Salem’s extradition was subject to strict conditions imposed by Portugal.
The High Court’s call for urgency in addressing his petition signals the growing importance of ensuring compliance with international agreements while balancing legal and security concerns in India.
