1993 Bombay Blasts Case: Abu Salem Moves Bombay High Court Seeking 'Premature Release'

Underworld gangster Abu Salem, one of the prime convicts in the 1993 Mumbai bomb blasts case, has moved the Bombay High Court seeking remission and premature release from the prison at Taloja, where he is serving his life sentence for his role in the 1993 Mumbai blasts case. 

The gangster, through advocate Farhana Shah mentioned his plea before a division bench of Justices Sarang Kotwal and Shriram Modak on Monday (February 17). The bench agreed to hear the plea on March 10. He has challenged an order passed by the special Terrorist and Disruptive Activities (TADA) court, which rejected his plea for premature release on December 10, 2024.  

In his plea, Salem has claimed to have completed 25 years in prison and thus seeks 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. 

Sale 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. 

Therefore, 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, seeks a direction to the authorities to spell out an exact date of release for Salem.