'Show Some Urgency': Bombay High Court To Centre, State In 1993 Bomb Blasts Convict Abu Salem's Plea For Premature Release
The Bombay High Court on Wednesday (April 2) expressed displeasure at the Central and State governments for stalling the petition filed by gangster Abu Salem–one of the prime convicts in the 1993 Mumbai bomb blasts case–seeking remission and premature release from the prison at Taloja, where he is serving his life sentence for his role in the case.A division bench of Justices...
The Bombay High Court on Wednesday (April 2) expressed displeasure at the Central and State governments for stalling the petition filed by gangster Abu Salem–one of the prime convicts in the 1993 Mumbai bomb blasts case–seeking remission and premature release from the prison at Taloja, where he is serving his life sentence for his role in the case.
A division bench of Justices Sarang Kotwal and Shriram Modak orally said,
"We will grant you very less time and not weeks please. We keep the matter on April 16 but you both (State & Union) will have to file your replies before the adjourned date. Show some urgency. Please argue the matter on the next date."
Salem had challenged an order passed by the special Terrorist and Disruptive Activities (TADA) court, which rejected his plea for premature release on December 10, 2024.
During the hearing, State's Additional Public Prosecutor Mankunwar Deshmukh informed the bench that the State has not yet filed it's affidavit. Hearing this, the Court said, "There is extreme urgency in the petition but you (State) aren't showing any urgency. We granted 21 days for you to file the affidavit but you haven't done it yet."
The Bench also expressed displeasure over the stand of Union of India as the Additional Solicitor General (ASG) Anil Singh didn't come for the hearing and neither filed any affidavit.
Further, senior advocate Rishi Malhotra instructed by advocate Farhana Shah argued that the instant petition now assumes the nature of 'habeas corpus' since Salem's jail term has completed and now every single day's delay would amount to illegal detention.
The judges, therefore, told the Union and the State counsels to argue in the next hearing and made it clear that it would not adjourn the matter.
Background:
In his plea filed through advocate Farhana Shah, Salem has claimed that he has completed 25 years in prison and has sought his release in accordance with the 'extradition treaty' signed between India and Portugal at the time of his extradition in 2005.
Salem in his plea has calculated his 'time in prison' ever since November 2005 (the time when he was brought in India), till date. along with remissions that he has earned, has contended that he has spent more than 25 years in prison and thus now must be released since the treaty with Portugal does not permit his sentence to be beyond 25 years.
According to Salem's calculation, from November 2005 till September 2017 (undertrial period), he spent around 11 years, 9 months and 26 days. Thereafter, from February 2015 to December 2024, time spent as a convict, he claims to have stayed behind the bars for 9 years, 10 months and 4 days.
Further, the gangster has said that he has 'earned' 3 years and 16 days remission for his 'good behaviour' in the 2006 case and another one month relaxation was given to him by the Supreme Court for the time he spent as an undertrial prisoner in Portugal. When all these 'periods in prison' are calculated, Salem has claimed the same totals to 24 years and 9 months as a prisoner.
Salem has also referred to the Supreme Court's decision in July 2002, wherein the apex court too relied on the treaty with Portugal and held that in line with the said treaty, Salem will have to be released on him completing 25 years in jail.
Salem has argued that his right to life and liberty as guaranteed under Article 21 of the Constitution of India is being breached by the authorities since he is being kept in prison beyond the 25 years jail term as agreed by the Indian authorities while signing the treaty.
The plea therefore sought a direction to the authorities to spell out an exact date of release for Salem.