Supreme Court rejects Abu Salem's plea for early release, to stay in jail till 2030

The Supreme Court dismissed Abu Salem's plea for premature release and upheld the Bombay High Court's order. The ruling means his 25-year extradition-linked prison term will be treated as ending in 2030.

In Short

• Supreme Court upheld Bombay High Court’s 2026 order calling plea premature
• Salem extradited from Portugal in 2005 under 25-year imprisonment assurance
• Court ruled that remission and pre-trial custody cannot reduce 25-year term

The Supreme Court on Thursday dismissed gangster Abu Salem’s plea seeking premature release from prison, rejecting his claim that he had already completed the 25-year period linked to the terms of his extradition from Portugal.

A bench of Justices Vikram Nath and Sandeep Mehta upheld the Bombay High Court’s April 2026 order, which had dismissed Salem’s plea seeking immediate release as “premature” and “misconceived.” The apex court delivered its verdict on Salem’s challenge to the High Court order. A detailed verdict is awaited.

Salem, a convict in the 1993 Mumbai serial blasts case, was extradited from Portugal on November 11, 2005, following a prolonged legal battle. He had been arrested in Portugal in 2002.

The case centred on an assurance India gave Portugal on December 17, 2002, as part of the extradition process. The Indian government assured Portugal that if Salem were extradited for trial in India, he would neither receive the death penalty nor face imprisonment for more than 25 years.

Salem subsequently faced trial in two TADA cases, one relating to the 1993 Bombay blasts and another separate case. Courts convicted him and sentenced him to life imprisonment in judgments dated February 25, 2015, and September 7, 2017, respectively.

Salem argued that the 2017 judgment sentencing him to life imprisonment violated the terms of the extradition arrangement under which India brought him back from Portugal in 2005.

The Supreme Court, while dealing with an earlier appeal filed by Salem on the issue, clarified in a 2022 ruling that once he completed 25 years of imprisonment, the Central government would have to ensure his early release. However, the top court also made it clear that it was not commuting his sentence and that the period he spent in Portugal in a passport fraud case could not count towards the 25-year period.

In his present plea, Salem claimed that he completed 25 years in prison on March 31, 2025. He argued that his under-trial custody, post-conviction custody and remission earned for good conduct should be counted together. According to Salem, these periods took his total imprisonment beyond 25 years by March 31, 2025, making any further custody illegal.

His lawyer also argued that the remission he had earned should be added to the period of imprisonment and that he was therefore entitled to release.

The Bombay High Court, however, had held that Salem’s plea was filed prematurely and that his 25-year period would be completed in 2030. Salem then challenged the High Court’s order before the Supreme Court.

The Supreme Court had completed the hearing of Salem’s plea on July 27 and reserved its decision. The apex court initially asked Salem to continue pursuing the matter before the High Court. The High Court subsequently rejected his remission plea in its April 2026 ruling.

Following that order, the Supreme Court reserved its verdict, with the matter narrowing down to whether Salem had actually completed 25 years of imprisonment.

The Supreme Court on Thursday rejected that claim and dismissed Salem’s plea.

Senior Advocate Rishi Malhotra represented Abu Salem.

- Ends