Abu Salem Committed Many Offences In India, Yet To Complete 25 Years Of Jail Term: Maharashtra Govt Tells Bombay High Court

The Maharashtra Government on Wednesday (May 7) told the Bombay High Court that terrorist Abu Salem has not yet completed 25 years of imprisonment and thus he cannot be granted a 'premature' release.

A division bench of Justices Girish Kulkarni and Advait Sethna is seized with a plea filed by Salem seeking premature release arguing that he has already completed 25 years of imprisonment after counting the remissions and thus as per the treaty signed between the Indian and the Portugal governments, he must now be released.

Notably, a treaty was signed after the then Indian government on December 17, 2002 assured the Portugal government that since Salem is being extradited from their country for facing trial here, he will not be handed over death sentence and his prison term would also not go beyond 25 years.

In an affidavit filed by Suhas Warke, Inspector General of Prisons & Correctional Services through Additional Public Prosecutor Mankunwar Deshmukh, the bench was informed that till March 31, 2025, Salem has completed only 19 years 5 months and 18 days of his prison term. 

"Abu Salem has a history which is not a palatable one at all. He has committed many offences in India. The Government of India gave a solemn sovereign assurance on December 17, 2002 through the then Deputy Prime Minister LK Advani, to the effect that the Government will exercise its powers conferred by the Indian laws to ensure that if extradited by Portugal for trial in India, the appellant would not be visited by death penalty or imprisonment for a term beyond 25 years," the affidavit states. 

The affidavit further states that the proposal for Salem's release has been submitted to the Government for approval along with the opinion of the Advisory Board, concerned Court who has convicted the Prisoner, Police Report, the report of District Magistrate and with the recommendation by the Additional Director General of Police and Inspector General of Prisons.

"The petitioner is recommended to be in category of 50 years. Based on the category of 50 years, the probable date of release of the petitioner would be January 31, 2046. I say and submit that till March 31, 2025, the said Prisoner has undergone imprisonment of 19 Years, 05 months, 18 Days. The period of 25 years of the imprisonment of the Prisoner is not completed till date. Hence, the final date of completion of 25 years of Petitioner / Prisoner will be decided after the reception of the decision on the premature release of the petitioner by the Home Department, State of Maharashtra," Warke has said in the affidavit. 

As regards the calculations made by Salem about his time spent in prison, the affidavit states that all his contentions are "baseless" and not in keeping with the rules prescribed. The Inspector General has thus urged the bench to dismiss the petition. 

In another affidavit filed by Sugriv Dhapate, Joint Secretary, Home Department against though APP Deshmukh, the State has said that the proposal of premature release of the petitioner is under consideration of the Government and will be decided shortly.

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.