Gangster Abu Salem, convicted and incarcerated for numerous cases including the Bombay blast case of 1993, was denied interim relief by the Bombay High Court, on grounds that he has not completed his jail term of 25 years as mandated by the Supreme Court’s decision of 2022. Differing with Salem’s assertion that he had completed his jail term, the bench stated, “ Are you saying that the Supreme court order is wrong? Even applying simple logic, 25 years is yet to be completed’’.

The court highlighted that Salem has yet to fulfill the requisite condition of serving 25 years of imprisonment mandated under the terms of his extradition from Portugal. As per the terms drawn up by the Apex Court, Salem’s incarceration of 25 years is mandatory but it cannot exceed 25 years based on this treaty .

The hearing involved Salem's plea for early release from his sentence, wherein he contended that he had already completed the requisite incarceration period.

While considering his request, the bench of Justice AS Gadkari and Justice Rajesh Patil declined to grant any interim relief. They referenced a Supreme Court ruling from 2022 which had stipulated that Salem's imprisonment cannot exceed 25 years, in accordance with the extradition treaty with Portugal.

As per the records, Salem's arrest took place in October 2005, therefore, under current guidelines, he must serve the full 25 years. The court's reasoning was underscored by statements indicating that once the time is up, the government has the obligation to exercise its powers for his remission and release.

“As per the Supreme Court judgment, it is recorded that the date of arrest is 12 October 2005. On completion of 25 years of incarceration, the central government is bound to exercise the powers of remission and release the applicant. Prima facie, it is clear that the 25 years of incarceration is yet to be completed.”

Furthermore, the court was informed about a rejected application for similar relief that had occurred in a special TADA court in Mumbai, with a subsequent hearing scheduled for December 10, 2024. Salem’s counsel argued that the gangster has effectively completed 25 years as of March 31, 2025, detailing prior periods spent in custody both as an undertrial and as a convict in related cases.

Opposing the assertions regarding time spent in custody the Additional Solicitor General appearing for the Central Government, stated that Salem’s counsel was improperly combining his various periods of incarceration to meet the 25-year requirement. He argued that he would need to seek clarification from the Supreme Court regarding the previous ruling instead of expecting this court to intervene.

The judges appeared to align with the government’s viewpoint, reiterating the specific start date of Salem’s arrest. They emphasized that according to their calculations, he has not completed the full term of his sentence and underscored the expectations set by earlier rulings. ““We reckon that your date of arrest is October 2005. According to it, 25 years is yet to be completed."

Countering Salem’s counsel’s insistence that this calculation is incorrect the bench firmly held, “Are you saying that the Supreme Court order is wrong? Even applying simple logic, 25 years is yet to be completed.”

Case Title: Abu Salem Abdul Qayoom Ansari v. State of Maharashtra