he Supreme Court on Monday declined to entertain a plea by gangster Abu Salem, who claimed he was in “illegal custody” for over 10 months despite having served his 25-year sentence in the 1993 Mumbai serial blasts case.
Salem, extradited from Portugal on November 11, 2005, after a prolonged legal battle, argued that, including remission for good behaviour, his prison term under the Terrorist and Disruptive Activities (Prevention) Act (TADA) had already been completed.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing Salem’s petition challenging a July 2025 Bombay High Court order, which held that prima facie his 25-year term had not yet been completed. The High Court admitted Salem’s plea but refused interim relief.
During Monday’s hearing, the Supreme Court directed Salem’s counsel to argue the matter before the High Court. “Go and argue it finally (before the high court),” the bench said. Referring to the Maharashtra Prisons (Remission System) Rules, 1962, Salem’s counsel claimed, “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.”
Also read: Bombay HC to Centre: Show urgency in Abu Salem's plea
The bench observed that, according to an affidavit filed by the Inspector General of Prisons, Salem had undergone 19 years in custody. Justice Nath remarked, “You (Salem) were given 25 years (sentence) for not doing something good to the society. You are convicted under the TADA.”
The apex court dismissed the petition as withdrawn but granted Salem liberty to approach the High Court for early listing and disposal of the pending matter.
Earlier, in July 2022, the Supreme Court had affirmed that the Centre was “bound” to honour its commitment to Portugal that Salem would neither face the death penalty nor imprisonment beyond 25 years for the 1993 Mumbai blasts. Salem had also received a separate life sentence in February 2015 from a special TADA court in the murder case of Mumbai builder Pradeep Jain in 1995.
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