Supreme Court Rejects Abu Salem’s Early Release Plea, Jail Term Ends in 2030

The Supreme Court on Thursday dismissed gangster Abu Salem’s plea seeking premature release from prison, rejecting his claim that he had already completed the 25-year imprisonment period linked to the conditions of his extradition from Portugal. The ruling upholds the Bombay High Court’s decision and means Salem’s extradition-linked 25-year term will be treated as ending in 2030.

A bench comprising Justices Vikram Nath and Sandeep Mehta upheld the Bombay High Court’s April 2026 order, which had rejected Salem’s request for immediate release, describing the plea as premature and misconceived. The Supreme Court has pronounced its decision on Salem’s challenge, while a detailed judgment is awaited.

Salem, who was convicted in connection with the 1993 Mumbai serial blasts, was extradited to India from Portugal on November 11, 2005, after a prolonged legal battle. He had been arrested in Portugal in 2002.

The extradition proceedings were based on an assurance given by the Indian government to Portugal on December 17, 2002. India had assured Portuguese authorities that Salem would not be sentenced to death and would not face imprisonment exceeding 25 years if extradited for trial in India.

After his extradition, Salem was tried in two TADA cases. One concerned the 1993 Bombay blasts, while the other involved a separate case. He was convicted and sentenced to life imprisonment in judgments delivered on February 25, 2015, and September 7, 2017.

Salem later argued that the life sentence imposed in the 2017 case was inconsistent with the extradition terms agreed upon with Portugal.

In a 2022 ruling concerning an earlier appeal, the Supreme Court had clarified that once Salem completed 25 years of imprisonment, the Central government would be required to ensure his early release. At the same time, the court made clear that it was not commuting his life sentence. It also ruled that the time he spent in Portugal in connection with a passport fraud case could not be counted toward the 25-year period.

In his latest plea, Salem claimed that he had completed 25 years of imprisonment by March 31, 2025. He argued that his period in under-trial custody, time spent in prison after conviction and remission earned for good conduct should all be considered while calculating the total period of incarceration.

Based on this calculation, Salem contended that his imprisonment had already crossed the 25-year threshold and that his continued detention was therefore unlawful. His lawyer also maintained that the remission earned through good conduct should be added to the period served, making him eligible for release.

The Bombay High Court rejected those arguments, holding that Salem’s plea for immediate release had been filed prematurely and that the relevant 25-year period would only be completed in 2030. Salem subsequently approached the Supreme Court challenging that decision.

The Supreme Court had concluded arguments in the matter on July 27 and reserved its judgment. During the proceedings, the apex court had initially directed Salem to pursue the issue before the High Court. The High Court later rejected his remission-related plea in its April 2026 order.

The central issue before the Supreme Court was whether Salem had actually completed the 25-year period required under the extradition-related assurance. The apex court ultimately rejected his contention and dismissed his plea for premature release.

Senior Advocate Rishi Malhotra represented Abu Salem in the matter.