1993 Mumbai serial blasts case: Abu Salem moves HC for early release

The 63-year-old’s petition, filed on February 3, calculated his 25 years of imprisonment by including the time he spent as an undertrial, the time he had spent in a Portuguese prison before being extradited to India, and the remissions he had earned

MUMBAI: Gangster Abu Salem, who was convicted in the 1993 Mumbai serial blasts case, has approached the Bombay high court seeking an early release from prison, claiming he has already completed his 25-year sentence.

rpt---Mumbai: A file photo of gangster Abu Salem, who has been sentenced to life imprisonment by a Mumbai court in the 1993 serial blasts case on Thursday. PTI Photo(PTI9_7_2017_000018B) (PTI)

The 63-year-old’s petition, filed on February 3, calculated his 25 years of imprisonment by including the time he spent as an undertrial, the time he had spent in a Portuguese prison before being extradited to India, and the remissions he had earned. Since he had completed his 25-year sentence, he should be released according to the terms of the extradition treaty between India and Portugal, and a Supreme Court order while commuting his life sentence, the petition added.

A division bench of justices Sarang Kotwal and SM Modak is set to hear the matter on March 10. In December last year, a special court for cases under the Terrorist and Disruptive Activities (Tada) Act, had rejected his plea for an early release.

Salem was charged with delivering a consignment of arms and ammunition to various places in Mumbai, including the house of Bollywood actor Sanjay Dutt, on January 16, 1993. Nearly two months later, on March 12, 1993, 12 explosions rocked several prime locations across Mumbai, including the Bombay Stock Exchange, Zaveri Bazaar, the Air India building, and five-star hotels Sea Rock and Juhu Centaur. As many as 257 people were killed and 713 others were seriously injured in the blasts.

After the blasts, Salem allegedly left India with a fake passport. He was detained in Lisbon, Portugal, on September 18, 2002, after which the Indian government made an extradition request. After a long-drawn legal battle, he was extradited to India and arrested on November 24, 2005.

Salem was sentenced to life imprisonment by a Mumbai court on September 7, 2017. Following an appeal, the Supreme Court commuted the sentence to 25 years of imprisonment, allegedly including the undertrial period and remissions he had earned.

In October 2024, Salem filed an application in the Tada court seeking an early release, claiming that he had spent 25 years in jail, including his under-trial period, conviction period and remissions. After the Tada court rejected his plea, the gangster approached the high court.

In his high court petition, filed through advocate Farhana Shah, Salem claimed that he was being kept in “illegal detention with prolonged incarceration” despite completing a peaceful sentence with good behaviour. “It is a grave violation of a citizen’s right to life and personal liberty guaranteed by the constitution of India under article 21,” the petition said. He further stated that the act violated the extradition orders and the guarantees given by the Indian government to the Portuguese government.

Highlighting that he has undergone a total sentence of 23 years, seven months and 28 days, and earned a remission of two years and 11 months, Salem stated that the court failed to direct the jail authorities to provide him with the final date of his release.