The Supreme Court has agreed to examine a plea filed by Abu Salem, seeking premature release from prison on the ground that he has completed the maximum period of incarceration allowed under the terms of his extradition from Portugal.
Salem, who is serving a life sentence in connection with the 1993 Mumbai serial blasts case, has argued that India had assured Portuguese authorities that he would not be imprisoned for more than 25 years. He claims that this period has either already been completed or is close to completion when time spent in custody and applicable remissions are taken into account.
During the hearing, the Supreme Court sought clarity from Salem’s counsel on how the 25-year period was being calculated, particularly since he was extradited to India in November 2005. The Bench also asked for relevant prison rules to assess whether remission benefits can be applied in cases prosecuted under the Terrorist and Disruptive Activities (Prevention) Act (TADA).
Salem was extradited after prolonged legal proceedings in Portugal, during which India had provided specific assurances that he would neither face the death penalty nor be subjected to imprisonment beyond the agreed time limit. In 2017, a special court sentenced him to life imprisonment for his role in the blasts, which killed over 250 people.
The Supreme Court had earlier held that the Indian government is bound by the extradition assurances and must consider Salem’s release once the stipulated period is completed. It had also observed that constitutional remedies, including executive clemency, could be explored if required.
The matter will now be examined further by the apex court to determine whether Salem’s continued detention complies with the extradition conditions and applicable prison laws.
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