Supreme Court Upholds Life Imprisonment for Abu Salem
In a significant ruling, the Supreme Court of India, on Thursday, dismissed the petition filed by notorious gangster Abu Salem, a convict in the infamous 1993 Bombay blast case, seeking his release from prison. Salem argued that he had completed 25 years of imprisonment, fulfilling the conditions of his extradition from Portugal [Abu Salem Abdul Qayoom Ansari vs. State of Maharashtra & Ors.].
The judgment was delivered by a Bench comprising Justices Vikram Nath and Sandeep Mehta. The case revolved around a specific condition in the extradition treaty between India and Portugal, which facilitated Salem’s extradition in 2005. As part of this agreement, the Indian government assured Portugal that Salem would not face the death penalty or a prison term exceeding 25 years.
Background of Abu Salem’s Extradition and Trial
Abu Salem was apprehended in Portugal in 2002. Following a protracted legal battle, he was extradited to India in 2005. Salem subsequently stood trial under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for his role in the 1993 Bombay blasts and a separate case. He was convicted and sentenced to life imprisonment by the Special TADA Court on February 25, 2015, and September 7, 2017, respectively.
Contesting his life sentence, Salem claimed that the 2017 judgment contradicted the extradition terms agreed upon between India and Portugal. In a 2022 ruling, the Supreme Court had clarified that the Central Government must ensure Salem’s release once he completes 25 years of his sentence. However, it was emphasized that this period did not include the time Salem spent in Portuguese custody for a passport fraud case.
Supreme Court’s Rejection of Salem’s Plea
In his recent plea, Salem contended that he had completed 25 years in prison as of March 31, 2025. He argued that the aggregate of his undertrial custody, post-conviction custody, and earned remission for good conduct amounted to the stipulated period, making any further incarceration unlawful.
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Previously, the Bombay High Court had denied interim relief to Salem, determining that he had not yet completed the requisite 25 years in prison. The Supreme Court initially directed Salem to address the matter in the High Court. However, the High Court eventually rejected his remission application in April 2026, prompting Salem to approach the Supreme Court once more.
Senior Advocate Rishi Malhotra represented Salem in this case. After considering the arguments, the Supreme Court dismissed the plea, affirming that Salem had not yet completed the 25-year term as claimed.
