Mumbai, April 15, 2026: The Bombay High Court on Wednesday dismissed gangster Abu Salem’s plea seeking remission of his sentence and immediate release from prison, holding that his claim was “premature and misconceived”.
Court upholds 25-year minimum term
A bench of Justices Ajey Gadkari and Kamal Khata, in its detailed order, ruled that the 25-year imprisonment cap imposed as part of India’s extradition assurance to Portugal constitutes a fixed minimum term and cannot be reduced by applying remission.
“The 25-year jail term constitutes the substantive sentence which the petitioner is required to undergo. It is not a ceiling capable of reduction by application of ordinary prison remissions,” the court said.
Claim of early release rejected
Salem, who was extradited from Portugal in November 2005 and is currently lodged at Nashik Central Prison, had argued that if remission earned for good conduct was taken into account, he had effectively completed 25 years of incarceration and was entitled to release.
Rejecting this contention, the High Court said that a “simple calculation” shows that Salem’s 25-year term will conclude only in November 2030. “The petitioner’s contention that he is entitled to release in 2025 is based on a flawed aggregation of remissions,” the bench noted.
Sovereign assurance binding
The court emphasised that the sovereign assurance given by India to Portugal — that Salem would neither face the death penalty nor be imprisoned beyond 25 years — was binding and could not be diluted by remission rules. “The petitioner’s attempt to include earned remissions to shorten the 25-year cap is legally unsustainable,” it said.
Remission applicable only later
Referring to a ruling of the Supreme Court of India, the High Court added that the question of remission would arise only closer to the completion of the 25-year period. “The executive’s duty to pass formal remission orders arises one month before completion of the said 25 years,” the bench observed.
The court further clarified that while remission could apply within the life sentence framework, it cannot operate to reduce the assured minimum period of 25 years. “There is no question of the sovereign assurance of 25 years being further reduced on account of remissions earned,” it said.
Background of the case
Salem had approached the High Court after a special court rejected his plea in December 2024. His advocate, Farhana Shah, argued that he had already completed the required period under the extradition terms.
Opposing the plea, the Centre contended that Salem had completed only about 19 years of actual imprisonment and that the 25-year period refers strictly to real incarceration, excluding remission.
Conviction in 1993 blasts case
Salem was convicted in the 1993 Mumbai serial blasts case and is serving life sentences in multiple cases. In 2022, the Supreme Court commuted his sentences to a total of 25 years in line with the assurance given to Portugal.
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Petition dismissed
Dismissing the petition, the High Court held that Salem had failed to demonstrate that his detention was illegal and ruled that any consideration of remission before November 2030 was untenable.
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