Did Abu Salem’s Sentence End on March 31, 2025? Bombay High Court Seeks Clarity
The Bombay High Court has called on both the Maharashtra government and the central authorities to respond to gangster Abu Salem’s claim that his 25-year sentence concluded on March 31, 2025, and that he is now eligible for release.
Currently serving a life term in Nashik Central Prison for his involvement in the 1993 Mumbai serial bombings, Salem filed a petition through his lawyer, Farhana Shah, asserting that his sentence should end based on prior legal commitments.
Salem’s plea refers to a Supreme Court ruling dated July 11, 2022, which acknowledged that his detention officially began on October 12, 2005. The apex court stated that once Salem completes 25 years of incarceration, the central government must advise the President of India to consider release under Article 72 of the Constitution, adhering to the principle of comity of courts and previous assurances made at the time of his extradition from Portugal.
The Supreme Court also emphasized that the required documentation for such a release must be submitted within a month following the completion of 25 years. It added that the government could alternatively use its powers under Sections 432 and 433 of the Criminal Procedure Code (CrPC) to release the prisoner within the same time frame.
Although sentenced to life for the 1993 blasts and the murder of builder Pradeep Jain, Salem argued that the Indian government had pledged to Portugal during his extradition that he wouldn’t be imprisoned for more than 25 years. While the top court interpreted this to mean Salem should be released by 2030, the gangster claims that his actual time served—after factoring in remission for good conduct—brings his release date forward to March 31, 2025.
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Remission, a common practice in Indian prisons, allows early release based on predefined criteria such as good behavior. Salem is leveraging this provision in his argument for immediate release.
In light of these claims, the High Court has asked authorities to clearly state when Salem will be eligible for release. “Considering the Supreme Court’s observation that Salem’s detention began on October 12, 2005, the respondents must clarify whether the claim of the sentence ending on March 31, 2025, holds merit,” the bench comprising Justices GS Kulkarni and Advait Sethna noted.
The matter is set for further hearing on April 29.