1993 Mumbai Bomb Blasts Case: 'Abu Salem Has Not Yet Completed 25-Year Sentence Under Extradition Terms,' Says Bombay HC

Mumbai: The Bombay High Court on Monday, prima facie, observed that Abu Salem, convicted in the 1993 Bombay blasts case, has not yet completed 25 years of incarceration as stipulated in the extradition terms under which he was brought from Portugal.

A division bench of Justices Ajey Gadkari and Rajesh Patil made the prima facie observation while hearing Salem’s plea seeking premature release. The Court, while admitting the petition, refused to grant any interim relief.

Salem approached the HC after his plea was dismissed by the special TADA court in December 2024.

Salem’s advocate contended that he has already completed the maximum sentence permissible under his extradition arrangement. His advocate referred to the 2022 Supreme Court ruling which capped Salem’s incarceration at 25 years in line with Portugal’s extradition condition. He argued that Salem had completed the term by March 31, 2025.

Malhotra submitted that Salem had spent nearly 12 years in custody as an undertrial (from November 2005 to September 2017), and close to 10 years as a convict in a separate TADA case (from February 2015 to December 2024). He also cited 3 years and 16 days of remission earned for good behaviour, and an additional one-month credit granted by the Supreme Court for time spent in custody in Portugal.

However, the Centre opposed this interpretation. Additional Solicitor General Anil Singh argued that Salem was wrongfully aggregating time served in separate cases and phases, undertrial and convict, to prematurely reach the 25-year threshold.

Singh also contended that since Salem was effectively seeking clarification of the Supreme Court’s 2022 decision, the correct forum would be the apex court.

The bench appeared to agree, noting: “As per the Supreme Court judgment, it is recorded that the date of arrest is 12 October 2005… Prima facie, it is clear that the 25 years of incarceration is yet to be completed.”

1993 Mumbai Bomb Blast Case: No Relief For Gangster Abu Salem As Bombay HC Says 25-Year Jail Term Not Yet Over

When Malhotra insisted the calculation was flawed, the bench retorted: “Are you saying that the Supreme Court order is wrong? Even applying simple logic, 25 years is yet to be completed.”