4 months ago
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The Supreme Court connected Monday (January 12, 2026) asked gangster Abu Salem to warrant his assertion that helium has spent 25 years successful jail, a contention if proven volition let him to locomotion escaped from jail.
Salem, a convict successful the 1993 Mumbai serial blasts, was extradited from Portugal connected November 11, 2005, aft a prolonged ineligible battle.
According to the extradition presumption agreed upon by India and Portugal, Salem cannot beryllium fixed decease punishment and his situation word cannot transcend 25 years.
Taking enactment of his plea, a Bench of Justices Vikram Nath and Sandeep Mehta questioned his counsel implicit the assertion of having completed 25 years jailhouse word successful India and asked him to substantiate the contention.
"First of all, however bash you cipher 25 years from 2005?" the Bench asked the counsel appearing for Salem.
His counsel said arsenic per the calculation, Salem has completed 25-year jailhouse term.
"You were taken successful existent custody connected which date?" the Bench asked.
The counsel said Salem was taken into custody connected November 11, 2005.
"So you cipher 25 years including your remission?" the Bench asked.
"Your [Salem] condemnation is besides nether TADA [Terrorist and Disruptive Activities (Prevention) Act]. Let america spot the situation rules of Maharashtra. Whether successful a lawsuit wherever the accused is convicted for TADA, helium would get a azygous time remission oregon not?" it said.
Salem's counsel said helium would spot the applicable situation rules connected record.
"Let the applicable situation rules beryllium filed wrong a play of 2 weeks by the petitioner," the Bench said, and posted the substance for proceeding connected February 9.
The apex tribunal was proceeding Salem's plea against a July past twelvemonth bid of the Bombay High Court which said prima facie it appeared that the play of 25 years was yet to beryllium completed.
Salem had filed a petition successful the precocious tribunal seeking to beryllium released claiming helium had already undergone 25-year imprisonment if the remission for bully behaviour was included.
The precocious tribunal had admitted his petition but refused immoderate interim relief.
In its July 2022 verdict connected Salem's abstracted plea, the apex tribunal had said the Centre was "bound" to honour its committedness fixed to Portugal and merchandise Salem connected completion of his 25-year condemnation successful the 1993 Mumbai blasts case.
The assurance was fixed to Portugal that the gangster would not beryllium handed down the decease punishment oregon imprisonment for a word beyond 25 years.
In February 2015, a peculiar TADA tribunal had awarded beingness imprisonment to Salem successful different lawsuit for murdering Mumbai-based builder Pradeep Jain successful 1995.
