Mumbai: The Bombay High Court on Wednesday dismissed gangster Abu Salem’s petition seeking immediate release, in which he claimed he had already completed 25 years of imprisonment in India under the terms of his extradition from Portugal.

In his plea, Salem argued that if remission for good behaviour is taken into account, his 25-year sentence stands completed and he is therefore entitled to be set free.

Court says remission issue cannot be decided now

A bench of Justices A S Gadkari and Kamal Khata held that it cannot conclude the 25-year term has been completed, observing that it would be premature to make a determination on remission at this stage.

The court referred to a Supreme Court ruling which stated that remission of a prisoner must be calculated a month prior to the applicant’s release.

“Therefore, the present petition (filed by Salem) is dismissed,” the court said.

A detailed copy of the order is yet to be released.

Extradition assurance and government stand

Salem’s plea, filed through advocate Farhana Shah, stated that at the time of his extradition from Portugal in 2005, India had assured he would not be given the death penalty in any case and would not be imprisoned for more than 25 years.

The government opposed the plea, stating Salem has served only 19 years in jail and that the question of his premature release was still under consideration.

Salem was convicted in the 1993 Mumbai serial bomb blasts case and sentenced to life imprisonment.