Bombay Blasts Convict Abu Salem Moves HC For 'Premature Release', Cites 25-Year Custody Limit Under Extradition Treaty

Gangster Abu Salem, serving a life sentence for his involvement in the 1993 Mumbai bomb blasts, has moved the Bombay High Court seeking remission and premature release from Taloja prison. Salem has argued that he has completed 25 years in custody, in line with the extradition treaty signed between India and Portugal at the time of his extradition in 2005.

Salem's plea, filed through advocate Farhana Shah, was mentioned before a division bench of Justices Sarang Kotwal and Shriram Modak on February 17. The bench has agreed to hear the matter on March 10. The plea challenges a special TADA court's order dated December 10, 2024, which had rejected his request for premature release.

In his petition, Salem has calculated his time in prison from November 2005, when he was brought to India, to date, including remissions he has earned for good behaviour. He contends that his total time in custody amounts to more than 25 years and as per the Portugal-India extradition treaty, he cannot be kept in prison beyond this period.

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According to Salem’s calculations, he spent approximately 11 years, 9 months, and 26 days as an undertrial from November 2005 to September 2017. As a convicted prisoner, he has been incarcerated for 9 years, 10 months, and 4 days from February 2015 to December 2024. 

Abu Salim also claims to have earned 3 years and 16 days of remission for good behaviour in a 2006 case. Additionally, the Supreme Court granted him a one-month relaxation for the time he spent in custody in Portugal. Adding all these periods together, Salem asserts that he has effectively served 24 years and 9 months in prison, reported LiveLaw.

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Salem referred to a Supreme Court ruling from July 2002, where the apex court had recognised the Portugal-India treaty and ruled that he must be released upon completing 25 years in custody.

The gangster also argued that keeping him in prison beyond 25 years violates Article 21 of the Indian Constitution, which guarantees the right to life and liberty. His plea seeks a directive from the authorities to provide a clear release date, ensuring compliance with the extradition agreement.