New Delhi, Sep 10, 7:00PM In a setback to gangster Abu Salem, the Supreme Court on Thursday dismissed his plea seeking release from custody on the ground that he has completed 25 years in jail in India as mandated under the terms of his extradition from Portugal.
A convict in the 1993 Mumbai serial blasts, Salem 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.
A bench of justices Vikram Nath and Sandeep Mehta upheld the Bombay High Court order which had dismissed Salem's petition seeking immediate release as "premature" and "misconceived".
The apex court delivered its verdict on Salem's plea challenging the high court's April 15 order.
The bench said Salem continues to stand convicted for life imprisonment, as imposed by the competent courts and affirmed by the top court.
"The stipulation that he cannot be detained beyond twenty-five years is a consequence of the sovereign assurance extended by the Union Government to the Government of Portugal. It does not convert the sentence of life imprisonment into a fixed-term sentence of twenty-five years," the bench said.
It referred to a July 11, 2022 judgement of the apex court which held that his period of detention, for the purposes of computation of his sentence, would commence from October 12, 2005.
It noted that in its July 2022 verdict, the top court did not convert his sentence of life imprisonment into a sentence of 25 years.
The bench said the gravity of offences assumes particular significance in the case, especially when his extradition was secured upon a solemn sovereign assurance given by the government of India to the government of Portugal.
"The offences in question were not merely directed against individual victims; they formed part of acts calculated to destabilise the country and undermine its economic progress by targeting Mumbai, the financial capital of India," it said.
"The larger national and economic consequences of such acts, therefore, cannot be lost sight of while considering the appellant's claim," the bench said.
It noted that Salem's case before the high court was that he had already undergone the maximum sentence of 25 years upon taking into account the period spent in custody as an undertrial, the period of incarceration after conviction as well as remissions earned by him during his imprisonment.
"It is equally undisputed that, for the purpose of computing the aforesaid period of twenty-five years, the date fixed by this court was October 12, 2005, being the date from which the appellant's detention was to commence," the top court said.
Salem's counsel had argued that as on June 30, 2026, he had completed 26 years, nine months and 22 days of incarceration.
The bench noted that he was also convicted and sentenced to life imprisonment in a separate case.
It said the fact that sentences imposed in two cases were directed to run concurrently is of significance.
"Sentences granted concurrently operate simultaneously, hence the same period of incarceration cannot, therefore, be notionally counted twice for the purpose of determining completion of the sentence," it said.
The bench said, "The methodology adopted by the appellant, apart from lacking legal foundation, artificially enlarges the period of custody by counting overlapping periods more than once."
Referring to the assurance given that Salem would not be subjected to death penalty or imprisonment beyond 25 years, the bench noted that this commitment was expressly taken note of by the apex court in its July 2022 verdict.
"The commitment, however, cannot be construed as conferring upon the appellant a right to an artificial or accelerated computation of the period of incarceration," the bench said.
It said the sovereign assurance extended by the Union government to Portugal was an act of Executive in the context of his extradition, whereas the sentence imposed by TADA court was an exercise of judicial power, determining the punishment commensurate with the offences of which he stood convicted.
"The prescription of the nature and extent of punishment is governed by the Legislature and its application to the facts of a particular case falls within the domain of the Judiciary. The Executive, in turn, exercises such powers in relation to remission, commutation or release as are conferred upon it by law," it said.
The bench said it was unable to appreciate how Salem can claim the benefit of "jail-earned remission" when the sentence imposed upon him continues to be one of life imprisonment.
"The stipulation regarding consideration of his release upon completion of 25 years cannot be construed to mean that the appellant was sentenced to a term of 25 years," it said.
Finding no infirmity in the high court's judgment, the apex court upheld it.
"Consequently, the present appeal stands dismissed in limine," it said.
Salem was convicted in the 1993 Mumbai serial bomb blasts case and sentenced to life imprisonment. He was also sentenced to life imprisonment in another case.
In its July 2022 verdict on Salem's separate plea, the apex court had said the Centre was "bound" to honour its commitment given to Portugal and release Salem on the completion of his 25-year sentence.
New Delhi, Sep 10, 12:09PM The Supreme Court on Thursday dismissed a plea filed by gangster Abu Salem, who sought release from custody on the grounds that he has completed 25 years in jail in India as mandated under the terms of his extradition from Portugal.
A bench of Justices Vikram Nath and Sandeep Mehta upheld the Bombay High Court order which had dismissed Salem's petition seeking immediate release as "premature" and "misconceived".
The apex court delivered its verdict on Salem's plea challenging the high court's April order.
A detailed verdict is awaited.
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.
On July 27, the apex court reserved its order on Salem's plea.
During the arguments before the top court, his counsel had referred to the periods undergone by Salem as an undertrial, post-conviction and also the earned remission, and argued that he has already completed over 25 years in jail.
In its order, the high court had noted that Salem's attempt to include earned remissions to shorten the 25-year cap was "legally unsustainable".
"The petitioner cannot claim an automatic reduction of the 25-year term by inclusion of earned remissions. Earned remissions are under the prison rules and therefore, it has no application," the high court had said.
It had noted that Salem was first arrested on November 11, 2005, and a simple calculation of the 25-year period from the said date will expire in November 2030.
Salem was convicted in the 1993 Mumbai serial bomb blasts case and sentenced to life imprisonment. He was also sentenced to life imprisonment in another case.
In its July 2022 verdict on Salem's separate plea, the apex court had said the Centre was "bound" to honour its commitment given to Portugal and release Salem on the completion of his 25-year sentence.
New Delhi, Sep 10, 11:04AM The Supreme Court on Thursday dismissed a plea filed by gangster Abu Salem, who sought release from custody on the grounds that he has completed 25 years in jail in India as mandated under the terms of his extradition from Portugal.
A bench of Justices Vikram Nath and Sandeep Mehta upheld the April order of the Bombay High Court which had dismissed his petition seeking immediate release as "premature" and "misconceived".
The apex court delivered its verdict on Salem's plea challenging the high court order.
A detailed verdict is awaited.
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.
Abu Salem Abdul Qayoom Ansari v. State of Maharashtra, (SC) : Law Finder Doc Id # 2975816
