The Bombay High Court will hear on March 10, a petition filed by gangster Abu Salem, convicted in the 1993 Mumbai serial blasts case, seeking early release from prison on the grounds that he has already completed his 25-year sentence.
The petition will be heard by the Division Bench of Justice Sarang Kotwal and Justice SM Modak.
The petition mentioned the time spent by Salem as an undertrial, his time in a Portuguese prison before being extradited to India, and the remissions he earned.
The 63-year-old claimed that since he has already completed his 25-year sentence, he should be released according to the terms of the extradition treaty between India and Portugal. Salem further mentioned a Supreme Court order that commuted his life sentence.
In December 2024, a special court for cases under the Terrorist and Disruptive Activities (TADA) Act had rejected his plea for an early release.
Salem was accused of delivering a consignment of arms and ammunition to various places in Mumbai, including the house of Bollywood actor Sanjay Dutt, on January 16, 1993.
On March 12, 1993, Mumbai witnessed one of the worst terrorist attacks in the recent times, when 12 explosions rocked several prime locations of the city, including the Bombay Stock Exchange, the Air India building and Zaveri Bazaar, along with five-star hotels Sea Rock and Juhu Centaur.
The blasts claimed 257 lives were killed and left 713 others injured.
Salem allegedly left India following the blasts with a fake passport. He was detained in Lisbon, Portugal, on September 18, 2002, after which the Indian government made an extradition request. He was extradited to India and arrested on November 24, 2005, following a long battle.
On September 7, 2017, a Mumbai court sentenced Salem to life imprisonment. Salem moved the Supreme Court seeking commutation of his sentence. The Apex Court commuted his imprisonment to 25 years, allegedly including the undertrial period and remissions he earned.
In October 2024, Salem filed an application in the Tada court seeking an early release, claiming that he had spent 25 years in jail, including his undertrial period, conviction period and remissions.
The Tada court dismissed his petition. Salem then moved the High Court.
Filed through Advocate Farhana Shah, the petition claimed before the High Court that Salem was being kept in an ‘illegal’ detention with prolonged incarceration, despite completing a peaceful sentence with good behaviour.
Calling it a grave violation of a citizen’s right to life and personal liberty guaranteed under Article 21 of the Constitution, Salem said the act violated the extradition orders and the guarantees given by the Indian government to the Portuguese government.
He mentioned that he has undergone a total sentence of 23 years, seven months and 28 days, while earning a remission of two years and 11 months. Salem further said that the court failed to direct the jail authorities to provide him with the final date of his release.
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