New Delhi, Jul 27 The Supreme Court on Monday reserved its order on a plea filed by gangster Abu Salem seeking his release from custody, claiming 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 was hearing Salem's plea challenging an April order of the Bombay High Court, which had dismissed his petition seeking immediate release as "premature" and "misconceived".
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.
During the hearing on Monday, the apex court asked Salem's counsel, "How you (Salem) have completed 25 years?"
Salem's counsel said the petitioner has earned over two years and nine months of remission for good conduct in prison.
Arguing that Salem has already completed over 25 years in jail, his counsel referred to the periods undergone by him as an undertrial, post-conviction and also the earned remission.
"Do you want a detailed judgement or a simpliciter dismissal," the bench asked the counsel.
The lawyer said he wanted a detailed judgement on the issue.
"Order reserved," the bench said.
Salem's counsel said no notice has been issued on his petition and the period undergone by the petitioner as an undertrial should be considered.
"We will consider all your submissions," the bench said, while asking his counsel to submit his written submissions within a week.
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.
