The Supreme Court on Monday (July 27) heard the petition seeking premature release of 1993 Mumbai serial bomb blasts convict Abu Salem. The court has reserved its decision. Salem said in his petition that he has been in jail for the last 25 years under life sentence and now he should be released. 257 people were killed in the Mumbai bomb blasts.
Speaking before the bench of Justice Vikram Nath and Justice Sandeep Mehta, Salem’s lawyer Rishi Malhotra said that despite clear instructions from the TADA court that Salem should get the full benefit (set-off) of the time spent in jail during the trial, the jail authorities are not giving him this benefit.
Salem’s lawyer argued
Justice Mehta said that what is the mathematical calculation of the actual period of custody? Salem’s lawyer said that there is a constitutional decision that the relaxation given in jail should be counted in the actual sentence period. He said that there are two types of exemptions. One is available under section 432, which they are not even claiming. And the second one is given on the basis of good behavior in jail. The court has accepted that this should be counted in the actual imprisonment period.
‘It has been more than 25 years in jail’
The lawyer said that the benefit of set-off (reduction in sentence) and also the assurance given by the government to Portugal that he would not be jailed for more than 25 years. Today he has been in jail for more than 25 years i.e. 26 years, 9 months and 22 days.
Malhotra said that the Supreme Court has said that powers under Section 432 of CrPC can be used one month before the completion of the 25-year sentence. He said that he is not even claiming Section 432. Their argument is that as per a ‘full bench’ decision, Salem’s exemption for good behavior in jail (called ‘earned remission’) should be counted towards the actual sentence period. The court has clearly said that this should be included in the actual punishment.
Order reserved on Salem’s petition
After this, the Supreme Court reserved the order on the petition of Abu Salem. Told Salem’s lawyer that written arguments and previous supporting decisions on his behalf can be filed within a week. Justice Nath asked the lawyer, do you want a detailed decision or do you want the petition to be dismissed outright? Malhotra said that the detailed decision. Justice Nath said that we have heard you. Further include this in your written arguments.
Malhotra said that at least a notice can be issued. At least the undertrial set-off (subtraction of the period spent as an undertrial from the total sentence) should be included, as ordered by the TADA Court.
Salem was brought to India from Portugal in 2005
The issue of Abu Salem’s release is also related to the conditions of his extradition from Portugal. Salem was brought to India from Portugal in 2005. Some conditions were set during his extradition, which also included provisions regarding the period of his sentence. Salem says that under these conditions he had completed his 25-year jail term on December 24, 2024.
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