The Supreme Court of India has rejected a petition filed by gangster Abu Salem, a convict in the 1993 Mumbai serial blasts case, seeking his release from prison. Salem had approached the apex court arguing that he had completed 25 years of incarceration, which he claimed was the maximum limit as per the extradition treaty between India and Portugal. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the matter and declined to grant any immediate relief to the convict, while salem's legal counsel argued that his client has been in custody since November 11, 2005, and should be released based on the sovereign assurance given to the Portuguese government.
Supreme Court Ruling and Legal Arguments
During the proceedings, the bench of Justice Vikram Nath and Justice Sandeep Mehta raised critical questions regarding the calculation of Salem's sentence. The counsel for Abu Salem argued that the period of his detention should be counted from the date he was taken into custody in 2005. However, the court inquired whether the defense was including 'remission' or prison leave periods to reach the 25-year mark. According to officials, the court emphasized that the legal interpretation of the extradition treaty's time limit must be strictly adhered to, and the current plea didn't meet the necessary legal threshold for immediate release. The court's decision reinforces the gravity of the charges for which Salem was convicted.
Terms of the India-Portugal Extradition Treaty
Abu Salem was extradited from Portugal on November 11, 2005, following a protracted legal battle. The extradition was governed by a specific treaty and a sovereign assurance provided by the Government of India to the Portuguese authorities. Under this agreement, India committed that Salem wouldn't be awarded the death penalty and that his total term of imprisonment wouldn't exceed 25 years. This assurance was a prerequisite for the extradition because Portugal doesn't have the death penalty and limits the maximum duration of life imprisonment. The legal dispute continues to center on when this 25-year period officially commences and how it's calculated under Indian law.
Dispute Over Sentence Calculation and Remission
A significant point of contention in Salem's plea is the starting date of his sentence. While Salem's legal team argues that his time in Portuguese custody since 2002 should be considered, Indian authorities maintain that the clock started on November 11, 2005, when he was formally handed over to India. Also, the issue of remission—the reduction of a sentence for good behavior—has added another layer of complexity. The Supreme Court noted that the 25-year cap mentioned in the extradition treaty is a specific legal commitment that may not automatically incorporate standard prison remission rules. The court's dismissal indicates that the convict has not yet legally satisfied the requirements for release under the current framework.
Historical Context of the 1993 Mumbai Serial Blasts
The 1993 Mumbai serial blasts remain one of the deadliest terrorist attacks in Indian history. On March 12, 1993, a series of 12 coordinated RDX-laden car bomb explosions ripped through the city between 1:30 PM and 3:40 PM. The attacks targeted high-profile locations including the Bombay Stock Exchange and the Air India Building, resulting in 257 fatalities and over 700 injuries. Abu Salem was convicted for his role in the conspiracy, specifically for transporting and distributing arms and ammunition, including AK-56 rifles and hand grenades, which were used in the attacks. He was sentenced to life imprisonment by a special TADA court, subject to the extradition treaty's limitations.
Legal Journey from Portugal to Indian Custody
Abu Salem was arrested in Lisbon, Portugal, in 2002 for traveling on a forged passport. Following his arrest, the Indian government initiated extradition proceedings. After years of litigation in Portuguese courts, the extradition was cleared in February 2004, based on the aforementioned sovereign assurances. Salem was eventually brought to India in late 2005. Since then, he has been involved in multiple trials, including the Pradeep Jain murder case and the 1993 blasts case. The Supreme Court's latest decision marks another chapter in the long-standing legal battle regarding the implementation of the extradition terms and the duration of his stay in Indian prisons.