Abu Salem told to approach SC for clarity on remission in 1993 blasts case

Hindustan Times

17 hours ago

MUMBAI: The Bombay High Court on Monday directed gangster Abu Salem to approach the Supreme Court for clarification on whether he is entitled to remission while serving a life sentence in two Terrorist and Disruptive Activities (Prevention) Act (TADA) cases, including the 1993 Mumbai serial bombings.
Mumbai : Underworld don Abu Salem walks out of the Sessions Court after a hearing in Mumbai on Wednesday. PTI Photo by Mitesh Bhuvad (PTI1_18_2012_000148A) (PTI)
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
A division bench of Justice Ajey Gadkari and Justice Rajesh Patil was hearing Salem's plea seeking early release on the grounds that he would complete 25 years of imprisonment by March 31, 2025. Salem argued that his release was mandated under the terms of his 2005 extradition from Portugal, in which the Indian government had given a solemn assurance to Portuguese authorities that he would not be sentenced to death or imprisoned for more than 25 years.
{{^usCountry}} {{/usCountry}}
{{^usCountry}} {{/usCountry}}
The confusion stems from the fact that Salem was arrested in one case on October 11, 2005, and in another on October 24, 2005. He was later convicted in both cases on February 25, 2015, and September 7, 2017, respectively. In July 2024, he had moved a special TADA court seeking a tentative date of release, but the court declined to consider remission, citing the grave nature of the offences.
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
{{^usCountry}}
In July 2022, while deciding Salem's appeals against convictions in both cases, the Supreme Court observed that Salem's sentence must be computed from October 12, 2005, the date of his arrest, and that he was entitled to release upon completing 25 years in custody. The apex court also stated that the Centre would be bound to advise the President under Article 72 of the Constitution once this term was completed. {{/usCountry}}
{{#usCountry}}
In July 2022, while deciding Salem's appeals against convictions in both cases, the Supreme Court observed that Salem's sentence must be computed from October 12, 2005, the date of his arrest, and that he was entitled to release upon completing 25 years in custody. The apex court also stated that the Centre would be bound to advise the President under Article 72 of the Constitution once this term was completed. {{/usCountry}}
Read More
{{^usCountry}}
On Monday, however, additional solicitor general Anil Singh contended that Salem was conflating separate conviction periods to claim that he had already completed 24 years and nine months of detention by the time he approached the TADA court. Singh submitted that, as per the Ministry of Home Affairs' calculation, Salem had only completed 19 years, five months, and 21 days of imprisonment. {{/usCountry}}
{{#usCountry}}
On Monday, however, additional solicitor general Anil Singh contended that Salem was conflating separate conviction periods to claim that he had already completed 24 years and nine months of detention by the time he approached the TADA court. Singh submitted that, as per the Ministry of Home Affairs' calculation, Salem had only completed 19 years, five months, and 21 days of imprisonment. {{/usCountry}}
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
Salem's counsel, senior advocate Rishi Malhotra, insisted that both sentences were running concurrently and, taking into account his pre-trial custody, time served, and jail-earned remission, Salem had effectively completed 25 years on March 31, 2025. 'They are not considering my jail-earned remission,' Malhotra told the court.
Remission can be granted on various grounds, including good behaviour and completion of a portion of the sentence. However, the high court pointed out that the Supreme Court's 2022 ruling made no mention of remission. 'Do you want us to say something that the Supreme Court has not said?' the bench asked. 'This clarification needs to come from the Supreme Court,' it added.
The bench admitted Salem's petition but declined interim relief, stating that it would be heard in due course.
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
{{^userSubscribed}}
{{^usCountry}} {{/usCountry}} {{#usCountry}} {{/usCountry}} {{/userSubscribed}}
SHARE THIS ARTICLE ON