New Delhi, February 16 The Supreme Court on Monday refused to entertain a plea filed by gangster Abu Salem, who 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 1993 Mumbai blasts case.
Salem, a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
According to the extradition terms agreed upon by India and Portugal, Salem cannot be given the death penalty, and his prison term cannot exceed 25 years.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing Salem's plea challenging a July 2022 order of the Bombay High Court, which stated that prima facie, it appeared that the period of 25 years was yet to be completed.
Salem had filed a petition in the high court seeking to be released, claiming that he had already undergone a 25-year imprisonment if the remission for good behavior was included.
The high court had admitted his petition but refused to grant any interim relief.
During the hearing on Monday, the apex court told Salem's counsel that the high court had only denied him interim relief. "Go and argue it finally (before the high court)," the bench said.
Referring to the Maharashtra Prisons (Remission System) Rules, 1962, Salem's counsel said, "Today, I (Salem) have already surpassed more than 10 months of my illegal custody. I have undergone 25 years which this court had awarded me."
The bench told the counsel to argue his case before the high court.
When the counsel said that the concerned parties had already filed their affidavits on his plea before the high court, the bench said, "After considering the affidavits, the high court will decide..."
The counsel then referred to an affidavit filed last year by the Inspector General of Prisons before the high court and said there was an "arithmetical error".
The top court observed that as per the affidavit, Salem had undergone 19 years.
When his counsel argued that Salem has undergone over 10 months of "illegal custody", Justice Nath said, "You (Salem) were given 25 years (sentence) for not doing something good to the society. You are convicted under the TADA (Terrorist and Disruptive Activities (Prevention) Act)".
The bench dismissed the petition as withdrawn, with liberty to Salem to approach the high court for early listing and disposal of the pending matter.
While hearing the matter on January 12, the apex court asked Salem to justify his claim that he has spent 25 years in jail, a contention if proven will allow him to walk free from jail.
His counsel had said as per the calculation, Salem has completed 25-year jail term.
His counsel had said Salem was taken into custody on November 11, 2005.
In its July 2022 verdict on Salem's separate plea, the apex court had said the Centre was "bound" to honour its commitment given to Portugal and release Salem on completion of his 25-year sentence in the 1993 Mumbai blasts case.
The assurance was given to Portugal that the gangster would not be handed down the death penalty or imprisonment for a term beyond 25 years.
In February 2015, a special TADA court had awarded life imprisonment to Salem in another case for murdering Mumbai-based builder Pradeep Jain in 1995.