New Delhi: The Supreme Court on Monday asked gangster Abu Salem to justify his claim that he has spent 25 years in jail, a contention if proven will allow him to walk free from jail.
Salem, a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
According to the extradition terms agreed upon by India and Portugal, Salem cannot be given the death penalty and his prison term cannot exceed 25 years.
Taking note of his plea, a bench of Justices Vikram Nath and Sandeep Mehta questioned his counsel over the claim of having completed 25 years jail term in India and asked him to substantiate the contention.
“First of all, how do you calculate 25 years from 2005?” the bench asked the counsel appearing for Salem.
His counsel said as per the calculation, Salem has completed 25-year jail term.
“You were taken in actual custody on which date?” the bench asked. The counsel said Salem was taken into custody on November 11, 2005.
“So you calculate 25 years including your remission?” the bench asked.
“Your (Salem) conviction is also under TADA (Terrorist and Disruptive Activities (Prevention) Act). Let us see the prison rules of Maharashtra. Whether in a case where the accused is convicted for TADA, he would get a single day remission or not?" it said.
Salem's counsel said he would place the relevant prison rules on record.
The court posted the matter for hearing on February 9.
The apex court was hearing Salem's plea against a July last year order of the Bombay High Court which said prima facie it appeared that the period of 25 years was yet to be completed.
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