Supreme Court Deliberates on Abu Salem's Release Request

The Supreme Court of India has reserved its orders concerning the release plea of gangster Abu Salem. Salem is seeking to be released after serving what he claims is the requisite 25-year sentence. His plea follows the dismissal of a similar application by the Bombay High Court earlier this year.

Abu Salem gained notoriety as part of the criminal syndicate led by Dawood Ibrahim. He was sentenced to life imprisonment under the Terrorist and Disruptive Activities (Prevention) Act and for the murder of businessman Pradeep Jain in 2015 and was again convicted in 2017 in relation to his involvement in the 1993 Mumbai serial blasts. These bombings are infamous in India, resulting in 257 fatalities and numerous injuries.

During the recent court proceedings, a bench comprising Justices Vikram Nath and Sandeep Mehta expressed doubt regarding Salem’s claims, noting that calculations showed he had not completed the 25 years of incarceration he cited. The justices stated, “Even by simple calculation, from your date of incarceration on November 11, 2005, you have not completed 25 years.”

Salem’s counsel argued that the time he spent as an undertrial should count towards his sentence and suggested that the remission he earned while imprisoned should also be considered. The legal team highlighted that the Bombay High Court had not clarified which date would be recognised for the commencement of his sentence.

Though Salem’s lawyers requested the court to engage with the central government on the matter, the bench opted to allow Salem to present his notes and pertinent judgments in support of his argument within a week.

The Indian government had previously assured Portugal, prior to Salem's extradition in 2005, that he would not face a prison term exceeding 25 years, which adds further complexity to the case. The Centre maintains that the 25-year duration should start from the date of extradition, while Salem contends it should begin from his earlier custody in Portugal relating to a separate case.

In conclusion, as the Supreme Court weighs Salem's arguments, the deliberations continue to draw attention due to their implications not only for him but also for broader legal and extradition issues in India.