Abu Salem must be released after spending 25 years in jail: Supreme Court directs Centre

The Supreme Court on Monday ruled that gangster Abu Salem has to be released after spending 25 years in prison in line with India's commitment to Portugal. An SC bench comprising Justices Sanjay Kishan Kaul and MM Sundresh was hearing a petition filed by Salem challenging his life imprisonment in the 1993 Mumbai bomb blasts case. He also urged the apex court to set off the period of his detention in Portugal, i.e from August 18, 2002, till his extradition on November 10, 2005, against the sentence awarded to him. 

The SC ruled. "On the appellant completing 25 years of sentence, the Central Government is bound to advise the President of India for the exercise of power under Article 72 of the Constitution and the national commitment as well as the principle based on the comity of courts." This article empowers the President to grant pardons and to suspend, remit or commute sentences in certain cases.

The SC added, "The necessary papers be forwarded within a month of completion of 25 years".

Moreover, it observed that the Union government can itself exercise the power of remission under CrPC within the time period of one month after Salem serves a prison term of 25 years. However, the bench refused to accept the gangster's plea to consider his jail period from 2002 onwards, citing that he was in custody in Portugal for a passport fraud case. Thus, Salem is likely to walk free in 2030. 

Abu Salem's extradition

Multiple blasts rocked Mumbai on 12 March 1993, killing 257 people and injuring more than 1400. Wanted for his involvement in this case, Abu Salem was arrested in Portugal in September 2002. In a letter dated 17 December 2002, the then Deputy PM LK Advani assured the Portuguese government on behalf of the Centre that Salem won't have to face the death penalty or imprisonment beyond 25 years if he is extradited to India. In 2003, the Ambassador of India in Lisbon also assured the local authorities that the gangster won't be re-extradited to a third country. 

He was extradited to India in 2005 and convicted by a Special TADA court in June 2017 along with 5 others under various sections of the Indian Penal Code, TADA, Arms Act, Explosives Substances Act and Prevention of Damages to Public Property Act. During the SC hearing, Additional Solicitor General KM Nataraj stressed that the "government is bound by the solemn sovereign assurance given by then deputy Prime Minister LK Advani to the Portugal government". However, he clarified that the court is not bound by this solemn assurance and can pass orders as per the law. 

(With inputs form PTI)