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Hindustan Times
08-07-2025
- Politics
- Hindustan Times
Abu Salem told to approach SC for clarity on remission in 1993 blasts case
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
India Today
07-07-2025
- Politics
- India Today
Abu Salem to stay in jail till 2030, Bombay High Court rules out early release
The Bombay High Court on Monday observed that gangster Abu Salem's sentence in prison will get over only in 2030 and not on March 31, 2025 as he was bench of Justices AS Gadkari and Rajesh S Patil admitted his plea, which will be heard later and noted that the Supreme Court in its order had said that he could be sentenced only to 25 years, which would get over in the year 2030. The bench said, "We reckon that your date of arrest is October 2005. According to it, 25 years are yet to be completed."advertisementSalem, extradited from Portugal in 2005, was sentenced to life imprisonment for his role in the 1993 serial blasts by a special court under TADA and for the murder of builder Pradeep Jain. Salem had filed an appeal against that order and pointed out that when he was extradited, the Indian government had assured Portugal that he would not be sentenced for more than 25 years. It was in this context that the Supreme Court observed that he could be sentenced to 2030 lawyers, Rishi Malhotra and Farhana Shah, contended that Salem had earned three years and 16 days of remission for good conduct, along with a one-month credit granted by the Supreme Court for time spent in custody in Portugal. They claimed that these factors pushed his total sentence duration beyond 25 years, making him eligible for the Central Bureau of Investigation strongly opposed this argument. Additional Solicitor General Anil Singh, appearing for the CBI, submitted that Salem was mixing up the calculations to meet the 25-year threshold. Singh also said that Salem should approach the Supreme Court for clarification if he believes its earlier order was not being followed Malhotra insisted that the 2030 timeline failed to account for the remission period, the bench responded sharply, saying, 'Are you saying that the Supreme Court order is wrong? Even applying simple logic, 25 years is yet to be completed.'The court admitted Salem's plea and agreed to an expedited hearing, but no date has been set.- EndsMust Watch
Indian Express
07-07-2025
- Politics
- Indian Express
1993 serial blasts: Bombay HC says Abu Salem's 25-year jail term prima facie not over yet
The Bombay High Court on Monday prima facie observed that gangster Abu Salem, who has been sentenced to life imprisonment in the 1993 Mumbai serial blasts case, has not completed 25 years of incarceration to qualify for remission of his sentence. Salem has claimed that he has completed nearly 25 years in prison as per extradition treaty between India and Portugal and therefore he should be given a tentative date of release from jail. The HC admitted Salem's plea seeking remission and premature release from jail argued through senior advocate Rishi Malhotra and advocate Farhana Shah 'As per the Supreme Court judgment, it is recorded that the date of arrest is October 12, 2005. On completion of 25 years of incarceration, the central government is bound to exercise the powers of remission and release the applicant. Prima facie, it is clear that the 25 years of incarceration is yet to be completed,' a bench of Justices Ajey S Gadkari and Rajesh S Patil observed and admitted the plea. Additional Solicitor General Anil Singh for Union Ministry of Home Affairs (MHA) sought dismissal of Salem's plea stating that honouring the 25-year period mentioned in assurance will arise only when the 25 years were to expire, which will happen on November 10, 2030. The MHA said that it would abide by the period of 25 years at an appropriate time subject to remedies, which may be available. Salem, who was transferred from Taloja Central Prison in Navi Mumbai to Nashik Central Prison last year, was extradited to India from Portugal on November 11, 2005. He was placed under arrest on November 24, 2005, and subsequently tried for the offences he had been charged with. In September 2017, Salem was convicted in the Mumbai serial blasts case. Two years earlier, in 2015, he had been sentenced to life imprisonment for the 1995 murder of Mumbai-based builder Pradeep Jain. On July 11, 2022, the Supreme Court observed that the central government was bound to advise the President to exercise his powers of remission to release Salem after he completes 25 years in prison, in accordance with the sovereign assurance given by the Indian government to Portugal at the time of his extradition. However, the court declined to extend any special privilege to commute or restrict the sentence imposed on him. In October last year, Salem argued before the special court designated under the Terrorist and Disruptive Activities (Prevention) Act (TADA) that he had neared 25-year term and same included time spent as an undertrial and later as a convict, along with nearly three years of remission he was entitled to under prison rules. In December, 2024, the special court rejected Salem's claim, after which he approached the High Court. The MHA's affidavit in response stated that the plea was 'entirely misconceived, baseless and is based on a misplaced understanding of law'. The Centre further said that the petitioner should approach the SC for further clarification as it would be the appropriate forum. The MHA said that the petitioner's calculation was 'not correct' and he has 'attempted to combine two separate conviction periods undergone in separate cases to arrive at a conclusion' that he completed a conviction period of 24 years and nine months on December 31, 2024. However, the MHA in its May, 2025 affidavit claimed that till March 31, 2025 he had served 19 years, 5 months and 21 days. The HC will hear the plea in due course.
Time of India
08-05-2025
- Politics
- Time of India
Maharashtra to high court: Abu Salem's early release under consideration
MUMBAI: Maharashtra government has informed Bombay HC that the proposal for premature release of extradited gangster Abu Salem is under consideration, and a decision will be taken on it soon. Salem has spent only 19 years in jail since his extradition from Portugal in Nov 2005, government stated in its affidavit in response to the convicted gangster's plea seeking release from prison. Operation Sindoor Operation Sindoor: Several airports in India closed - check full list Did Pak shoot down Indian jets? What MEA said India foils Pakistan's attack on Jammu airport: What we know so far The state government Wednesday submitted two affidavits in response to Salem's petition to a bench of Justices Girish Kulkarni and Advait Sethna. In his petition filed through advocate Farhana Shah, Salem claimed he had already undergone the 25-year imprisonment term if remission for good behaviour was included. The plea stated when Salem was extradited from Portugal, government had assured that he would not be handed death penalty in any case and that he would not be imprisoned for a term beyond 25 years. The state government, in its affidavit filed by Sugriv Dhapate, joint secretary of home department, said the proposal for Salem's premature release is under consideration and will be decided soon. As per government affidavit, Salem was extradited from Portugal in Nov 2005, and his actual imprisonment was 19 years, three months and 20 days as of Feb 28, 2025. "The petitioner, Abu Salem, has a history which is not a palatable one at all. He has committed many offences in India. Thereafter, he absconded to a foreign country," another affidavit filed by Suhas Warke, ADGP and inspector general of prisons, stated. pti
Indian Express
08-05-2025
- Politics
- Indian Express
Salem's plea for premature release under consideration: Maha govt tells HC
A DECISION on the premature release of gangster Abu Salem, currently serving prison term for the 1993 Bombay bomb blasts, is under consideration before the state government and will be decided shortly, the Bombay High Court was informed on Wednesday. Salem was extradited from Portugal in 2005 and an assurance was given to the Portugal authorities that he will not be given the death sentence or a prison term beyond 25 years. Salem has filed a petition before the high court seeking clarity on his release date, stating that he is entitled to benefits like remission meant for early release for prisoners. The state Home department and the Maharashtra prison department on Wednesday submitted affidavits to the court in response to Salem's plea. Both the affidavits state that Salem has completed over 19 years in jail, counting his arrest from the time of his extradition to India in November 2005. 'The period of 25 years of the imprisonment of the prisoner is not completed till date. Hence, the final date of completion of 25 years of petitioner/prisoner will be decided after the reception of the decision on the premature release of the petitioner by the Home Department, state of Maharashtra,' the affidavit filed by Suhas Warke, Additional Director General of Police and Inspector General of Prisons and Correctional Services, said. The affidavit adds that Salem's history is not a 'palatable one', and that he has committed many offences in India. The affidavit filed by Sugriv Dhapate, joint secretary of the Home department, also said that Salem's actual imprisonment is over 19 years. 'It is further submitted that the proposal of premature release of the petitioner is under consideration of the government and will be decided shortly,' the affidavit states. The proposal for Salem's premature release is under consideration under Rule 25 (iii) of the Maharashtra Prison Manual. The proposal includes the opinion of the advisory board, the concerned court which had convicted Salem, a report from the police, district magistrate, along with a recommendation from the prison department. The affidavit states that Salem is recommended to be in the category of 50 years imprisonment, and if his remission is calculated in the category, his release date would be in 2046, which is beyond the 25 years' assurance. Both the affidavits have also referred to a previous Supreme Court order on an appeal filed by Salem. The Supreme Court in 2022 said that honouring the period of 25 years as assured, will arise only when the 25 years' term is completed, mentioning November 10, 2030, as the date of completion. The court had then said that such a plea on his release cannot be raised before the period lapses. Salem was sentenced to life imprisonment in two cases-in 2015 for the murder of Pradeep Jain, a builder in Mumbai, and in 2017 for the 1993 Bombay blasts case. Salem had filed a similar plea in the special court in Mumbai, seeking clarity on his release date, which the CBI had said was premature, since he is yet to complete 25 years in jail.
