NEW DELHI: In a major setback to extradited gangster Abu Salem, the Supreme Court on Thursday dismissed a plea, seeking premature release from jail, as he was sentenced to life imprisonment for the 1993 Mumbai serial blasts.
Salem approached the court contending that his earned prison remission and undertrial custody should be counted towards the 25-year imprisonment cap flowing from India's extradition assurances to Portugal.
A bench of the top court, headed by Justice Vikram Nath and Justice Sandeep Mehta, which had on July 27 reserved the verdict, pronounced the judgement on Thursday, dismissing his plea.
Abu Salem, a convict in the 1993 serial blasts that killed over 300 people, was extradited from Portugal on November 11, 2005. India had assured Portugal that he would not be given the death penalty and would not be kept in jail beyond 25 years.
Salem's lawyer, senior advocate Rishi Malhotra, argued that including his undertrial period, post-conviction custody and more than 2 years 9 months earned remission for good conduct, Salem has already crossed 25 years.
He argued that the Bombay High Court's April order dismissing his plea was based on an arithmetic error and relied on jail superintendent's affidavit.
Justice Mehta had earlier asked: "Let's see the prison rules of Maharashtra. Whether in a case where the accused is convicted for TADA, he would get a single day's remission or not?"
The bench ruled that remission under Maharashtra prison rules cannot be used to calculate the 25-year cap. The cap means actual imprisonment of 25 years. Since Salem was extradited in 2005, 25 years will complete in 2030.
The Court said Salem's plea is premature. He can approach after completing actual 25 years.
Salem is currently lodged in Nashik Central Jail, claimed that he was in "illegal custody" for over 10 months, as he had already undergone the 25-year sentence awarded to him in the case.
The top court passed the verdict on Thursday on Salem's plea, who had challenged an April order of the Bombay High Court, which had dismissed his petition seeking immediate release as the HC noted that the petition was "premature" and "misconceived".
Salem, through his lawyer Malhotra, claimed the benefit of 3 years and 16 days jail-earned remission (for good conduct) in computation of a 25 year jail sentence, upon completion of which he shall be eligible for pre-mature release.
The top court had earlier in January asked Salem, seeking premature release in terms of an Extradition Treaty between India and Portugal governments, to produce Maharashtra State Rules to ascertain if it allows remission to a convict under the TADA Act.
Malhotra argued that his right to life and liberty as guaranteed under Article 21 of the Constitution of India was being breached by the authorities since he was being kept in prison beyond the 25 years jail term as agreed by the Indian authorities while signing the treaty.
Malhotra cited the Supreme Court's decision of July 2002, which relied on the treaty with Portugal and held that Salem would have to be released on completion of 25 years in jail.