Mumbai: The Bombay High Court on Tuesday directed State to file a reply to a petition filed by gangster Abu Salem seeking remission of his sentence and premature release from prison after serving over 25 years of his sentence in the 1993 Bombay blast case.
A bench of Justices Girish Kulkarni and Advait Sethna sought a reply from the state and Centre by April 25 and kept the matter for hearing on April 29.
As per the terms of the extradition treaty between India and Portugal, he has already completed 25 years in prison and hence he should be released from prison.
Salem was brought to India in 2005 following an extradition treaty. Terms included that his detention would not exceed over 25 years in line with the "principle of specialty."
He approached the HC after his plea was rejected by the special Terrorist and Disruptive Activities (TADA) court on December 10, 2024.
His petition contended that he has spent 11 years, 9 months and 26 days as an under trial from November 2005 to September 2017. As a convict in 2006 TADA case, he has spent 9 Years, 10 months and 4 days between February, 2015 to December 2024.
In addition, he has earned 3 years and 16 days jail remission for good behavior in the 2006 case and another 1 month relaxation given by the apex court for the time he spent as an under trial in Portugal. If all these periods are added, he has already served over 24 years and 9 months in total, by the end of 2024.
