Abu Salem Must Serve Full 25 Years in Jail Before Release, Maharashtra Govt Tells Bombay High Court

Abu Salem Must Serve Full 25 Years in Jail Before Release, Maharashtra Govt Tells Bombay High Court

The Maharashtra government has informed the Bombay High Court that gangster Abu Salem, convicted in the 1993 Mumbai serial bomb blasts case, will not be eligible for release until he completes 25 years of actual imprisonment, or alternatively, serves 60 years including remission, in accordance with the terms of his extradition from Portugal. This clarification came through an affidavit submitted by Anna A. Mugutrao, Superintendent of Nashik Road Central Prison, in response to a plea filed by Salem seeking premature release.

Salem had argued through his advocate, Farhana Shah, that he has effectively served his sentence—citing nearly 12 years in undertrial custody (2005–2017), close to 10 years as a convict in another case (2015–2024), more than three years of remission for good conduct, and one month in custody in Portugal. However, the state government strongly opposed this, asserting that the sovereign assurance provided to Portugal in 2002 by then Deputy Prime Minister L.K. Advani clearly referred to 25 years of actual imprisonment, excluding remission.

The affidavit clarified that as per the July 14, 2025 government resolution, the 25-year term applies strictly to actual time spent behind bars. Furthermore, under Category 8 of the 2010 Government Resolution and Rule 25(iii) of Chapter 39 of the Maharashtra Prison Manual, a convict must serve either 60 years with remission or 25 years without any remission—whichever is longer—for consideration of premature release.

Salem, currently lodged at Nashik Road Central Prison since July 4, 2024, is serving two life sentences and an additional 25-year term, all to run concurrently, for his role in the 1993 blasts and other TADA cases.

The state also confirmed that a proposal regarding Salem’s premature release has been forwarded to the government, but any decision will be made in compliance with the legal and international commitments under the extradition treaty. Earlier on July 7, the Bombay High Court observed that Salem had not yet completed the required 25 years of actual custody and denied interim relief. The matter is slated for further hearings in the coming weeks.

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