The Supreme Court dismissed a plea from gangster Abu Salem on Thursday. Salem sought his release from custody, claiming he had completed 25 years in jail in India, as per the terms of his extradition from Portugal. The court’s decision means he will remain in custody despite his request for freedom based on the duration of his imprisonment.
The apex court delivered its verdict on Salem’s plea challenging the high court order. Senior lawyer Rishi Malhotra, representing Salem, argued that the time spent as an undertrial should be adjusted against the sentence. The High Court stated that, in accordance with the assurance given by India to Portugal at the time of extradition, the 25-year term would conclude in November 2030. He further contended that remission earned for good conduct forms part of the actual imprisonment and must be included in the calculation of the 25-year term.
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”. This period could not be further reduced based on standard prison remission rules, the Bombay High Court said.
Salem Seeks Release After 25 Years of Imprisonment
During a recent hearing, Salem referenced the Swami Shraddananda v State of Karnataka case to support his argument for release. He stated that when combining his time as an undertrial with earned remission, his total time served amounts to approximately 25 years. Salem asserted that it is now time for him to be released from custody.
