The Bombay High Court on Wednesday rejected a petition filed by gangster Abu Salem seeking remission of his sentence and early release from prison..Salem is serving a life sentence after his conviction in the 1993 Mumbai serial blasts case.A Bench of Justices Ajey S Gadkari and Kamal R Khata dismissed Salem’s plea seeking a reduction of his jail term and a tentative release date as premature, totally misconceived and devoid of merit. It held that there could be no reduction of the assured 25‑year period at this stage..The Bench stressed that the 25‑year cap itself flowed from a sovereign assurance given by India to Portugal at the time of his extradition, and operated as a substantial concession on his life sentence. “The present case does not involve a fixed term sentence. The Government of India solemnly assured the Government of Portugal that, if extradited Salem and his wife would not be visited by death penalty or imprisonment for a term beyond 25 years.”.Remission is a concession granted to prisoners by way of sentence reduction based on factors including good conduct..Salem had moved the High Court after a special TADA court in December 2024 rejected his argument that he had already completed 25 years in custody as per the terms of India’s extradition agreement with Portugal.Salem sought directions from the High Court to determine a likely date for his release.The Bench, however, emphasised that “any modification or grant of Remission lowering the term of the Appellant below 25 years ought to be decided only after the completion of 25 years i.e. in November, 2030.”.Salem was extradited to India from Portugal on November 11, 2005. He was arrested on November 24 and has since been tried for multiple offences. He was moved from Taloja Central Prison to Nashik Central Prison last year.He was convicted in 2017 in relation to the 1993 blasts case. Earlier, in 2015, he had been sentenced to life imprisonment for the 1995 murder of Mumbai-based builder Pradeep Jain..In July 2022, the Supreme Court clarified that while the Union government is bound to advise the President to grant remission to Salem once he completes 25 years of imprisonment, this would not mean curtailment or commutation of his sentence before that period elapses.The High Court observed that Salem had failed to demonstrate that, his current detention is unauthorized or illegal. "The executive's duty to pass formal remission orders only arises one month before the completion of the said 25 years", the court noted. The court remarked that a 25‑year ceiling itself functioned as a massive remission to a life sentence. "To allow further ordinary jail remissions to reduce this already capped 25-year period would violate the spirit of the Supreme Court's directions," the court said. .In October 2025, Salem told a special court that he had completed 23 years and eight months in custody, including time spent as an undertrial, and sought that remission earned under prison rules also be considered. He pressed for directions to the authorities to compute and declare his tentative release date..The Ministry of Home Affairs (MHA) termed the plea baseless. It argued that the government’s sovereign assurance regarding the 25-year cap would only become relevant once Salem completes that period on November 10, 2030.According to an MHA affidavit filed in May 2025, Salem had served 19 years, 5 months and 21 days in custody as of March 31 that year. The Ministry accused Salem of attempting to merge separate periods of incarceration arising from distinct convictions to incorrectly claim completion of his sentence..In July 2025, the High Court observed that Salem had not yet completed 25 years of imprisonment, noting that his custody commenced on October 12, 2005. Salem subsequently approached the Supreme Court.On February 16, 2026, the Supreme Court permitted Salem to withdraw his plea and granted him liberty to seek an early hearing before the High Court. The matter was reserved for orders after the final hearing on March 26..Senior advocate Rishi Malhotra with advocates Farhana Sahah, Shivaansh Maini, Darshana Gurjar, Yatish Desale and Ansuiya appeared for Salem. Additional Solicitor General Anil C Singh with advocates Aditya Thakkar, DP Singh, Ayush Kedia and Krishnakant Deshmukh appeared for UOI.Public Prosecutor M M Deshmukh appeared for State. Advocates Kuldeep Patil, Saili Dhuru, Anay Joshi, Digviajy Kachare, Sumitkumar Nimbalkar and Sanika Joshi appeared for CBI. [Read order]
