New Delhi: The Supreme Court on Monday dismissed, as withdrawn, a plea filed by 1993 Mumbai serial blasts convict Abu Salem seeking premature release in terms of the extradition arrangement between India and Portugal.
A bench of Justices Vikram Nath and Sandeep Mehta permitted Abu Salem to withdraw the special leave petition (SLP) after senior advocate Rishi Malhotra, appearing for him, sought permission to approach the Bombay High Court for an early hearing of the pending matter.
“Mr Rishi Malhotra, learned senior counsel, after arguing for sometime states that this petition may be dismissed as withdrawn, leaving it open for the petitioner to go before the High Court for an early hearing and disposal of the pending matter. Petition is dismissed with liberty,” it ordered.
Abu Salem, who was convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) in connection with the 1993 Mumbai blasts case, claimed that he was entitled to be released upon completion of 25 years of imprisonment in terms of the extradition treaty between India and Portugal.
He also sought the benefit of 3 years and 16 days of jail-earned remission for good conduct in computing the 25-year sentence.
Abu Salem had moved the Bombay High Court seeking a direction to the authorities to specify a release date upon completion of 25 years. However, it, in an order passed on July 7, 2025, prima facie observed that the 25-year period was “yet to be completed, including the alleged period of pre-trial detention or incarceration” and refused interim relief.
Before the Supreme Court, Malhotra submitted that his client was seeking ordinary and annual good conduct remission and alleged that the authorities’ calculation that Abu Salem had not completed 25 years was an “arithmetical error”.
Relying on the Supreme Court’s July 2022 judgment, which reckoned October 12, 2005, as the date of commencement of his detention, the senior counsel further argued that Abu Salem had already “surpassed 10 months” beyond the 25-year period and described the case as one of “habeas corpus, illegal custody”.
However, the Justice Vikram Nath-led Bench said it was not inclined to entertain the plea at this stage, adding that the matter essentially concerned findings recorded by the Bombay High Court and Abu Salem should move an appropriate application there.
The Maharashtra government has maintained that Abu Salem has not yet completed 25 years of imprisonment. The Inspector General of Prisons & Correctional Services informed the Bombay High Courtthat till March 31, 2025, he had undergone 19 years, 5 months and 18 days of his prison term.
Abu Salem had moved the Bombay HC seeking a direction to the authorities to specify a release date upon completion of 25 years, contending that his continued incarceration violated his right to life and liberty under Article 21 of the Constitution. He was convicted and sentenced to life imprisonment in the 1993 Mumbai serial blasts case, which claimed 257 lives and injured over 1,400 people. Following his extradition under the Indo-Portugal treaty, his sentence was commuted to 25 years’ imprisonment in line with the assurances given to the Portuguese authorities.
(IANS)
