How do you calculate 25 years from 2005: SC asks gangster Abu Salem

New Delhi: The Supreme Court on Monday questioned gangster Abu Salem for allegedly completing his 25-year prison sentence in India and asked him how he calculated the time since his arrest in November 2005.

Salem, who was convicted in the serial blasts in Mumbai in 1993, was extradited from Portugal on November 11, 2005, after a long legal battle.

Salem said his sentence could not exceed 25 years as per the assurance given by India regarding his extradition to Portugal.
“First of all, how do you calculate 25 years from 2005?” A bench comprising Justices Vikram Nath and Sandeep Mehta asked the lawyer to appear on Salem’s behalf.

The apex court was hearing Salem’s plea against the Bombay High Court’s order in July last year, which prima facie stated that the 25-year period was not yet completed.

At the hearing in the High Criminal Court, Salem’s lawyer said that according to the calculation, he had completed his 25-year prison sentence.
“On what date were you actually detained?” he asked. The lawyer said Salem was taken into custody on November 11, 2005.

“So you’re calculating 25 years, including your remission?” the bench asked.

“Your (Salem) conviction is also under TADA (Terrorist and Disruptive Activities (Prevention) Act). Let’s look at the Maharashtra prison rules. In a case where the accused is convicted for TADA, will he get one day sentence reduction or not?” he said.

Salem’s attorney said he would put relevant jail rules on the record.

The court said, “Allow the relevant prison rules to be submitted by the petitioner within two weeks” and sent the matter to hearing on February 9.

Salem had filed a petition with the high court seeking release, claiming that he was already sentenced to 25 years in prison if good conduct discounts were included.

The high court accepted his petition but rejected any interim relief.

In its judgment on Salem’s separate plea in July 2022, the top court had said that the Center was “obliged” to honor its commitment to Portugal and release Salem after completion of 25-year prison sentence in the 1993 Mumbai blasts case.

Portugal was assured that the gangster would not face the death penalty or imprisonment for a period exceeding 25 years.

In February 2015, a special TADA court had sentenced Salem to life imprisonment in another case for the murder of Mumbai-based builder Pradeep Jain in 1995.