The Bombay High Court rejected underworld don Abu Salem’s request for early release today. He had argued that he had already completed 25 years in jail (including remissions) under the India–Portugal extradition agreement, which limits his sentence.

A bench of Justice Ajay Gadkari and Justice Kamal Khata gave the decision in open court. The court said:

“It would be premature to say anything at this stage on the point of remission in view of the judgment of the Supreme Court wherein it is held that the remission etc will have to calculated a month prior to the applicant’s release. Therefore, the instant petition is dismissed.”

Extradition Condition:

The case is based on Salem’s 2005 extradition from Portugal, where India had assured that he would not get the death penalty and would not be jailed for more than 25 years.

Salem’s Calculation:

In his petition, Salem calculated his jail time starting from November 2005. He included:

• Undertrial period from November 2005 to September 2017 (about 11 years, 9 months, 26 days)
   

• Convict period from February 2015 to December 2024 (9 years, 10 months, 4 days)
   

• Remissions, including 3 years and 16 days for good conduct in a 2006 case
   

• One month’s credit given by the Supreme Court for detention in Portugal
   

Based on this, he claimed he had already completed more than 24 years and 9 months in jail. He also relied on a 2002 Supreme Court decision that approved the extradition treaty and argued that his continued imprisonment violated his Article 21 rights. He asked the court to fix a clear release date.

State’s Reply:

The Maharashtra government opposed this. In an affidavit, Inspector General Suhas Warke said that as of March 31, 2025, Salem had completed only 19 years, 5 months, and 18 days in prison. The government said his calculation was incorrect under prison rules.

Public Prosecutor Mankunwar Deshmukh also pointed to Salem’s serious criminal background and multiple cases in India. The authorities have placed him in a “50 years” category for premature release. Based on this, his expected release date is January 31, 2046.

Government Affidavit:

Warke’s affidavit stated:

“The petitioner is recommended to be in category of 50 years. Based on the category of 50 years, the probable date of release of the petitioner would be January 31, 2046. I say and submit that till March 31, 2025, the said Prisoner has undergone imprisonment of 19 Years, 05 months, 18 Days. The period of 25 years of the imprisonment of the Prisoner is not completed till date. Hence, the final date of completion of 25 years of Petitioner / Prisoner will be decided after the reception of the decision on the premature release of the petitioner by the Home Department, State of Maharashtra.”

Another submission by Joint Secretary Sugriv Dhapate confirmed that the government is still reviewing Salem’s request for early release.

Detailed Order Awaited

Case Details: ABU SALEM ABDUL QAYOOM ANSARI VS. STATE OF MAHARASHTRA AND ANR (WP/1586/2025[Criminal])