1993 Mumbai Bomb Blast Case: Abu Salem Must Serve 25 Years Of Actual Imprisonment Before Release, Maharashtra Govt Tells Bombay HC

Mumbai: The Maharashtra government has informed the Bombay High Court that gangster Abu Salem must serve either 25 years of actual imprisonment or a total of 60 years with remission before being eligible for release, in line with the extradition terms agreed upon with Portugal.

State Cites Extradition Terms with Portugal to Deny Early Release

The clarification came in an affidavit filed by Anna A. Mugutrao, Superintendent of Nashik Road Central Prison, in response to a petition by Salem seeking his release, claiming that he has completed 25 years of incarceration, factoring in remission for good conduct and time spent in custody.

The state, however, has strongly opposed the plea, stating that the 25-year condition mentioned in the 2002 sovereign assurance to Portugal refers to actual imprisonment and not a sentence reduced by remission..

The assurance was given by then Deputy Prime Minister L.K. Advani during extradition proceedings after Salem was arrested in Portugal in 2002 and extradited to India in 2005.

Convicted in 1993 Blasts, Salem Facing Two Life Terms and 25-Year Sentence

Salem, convicted in two serious TADA cases—including the 1993 Bombay serial blasts—has been awarded two life terms and a 25-year sentence, to run concurrently. He is currently lodged at Nashik Road Central Prison since July 4, 2024.

The affidavit said: “The Government of India gave a solemn sovereign assurance… that the petitioner (Salem) would not be visited by the death penalty or imprisonment for a term beyond 25 years. However, the government resolution of July 14, 2025, clarifies that the 25 years refers to actual imprisonment, excluding remission.”

It added that under Category 8 of the 2010 Government Resolution and Rule 25(iii) of Chapter 39 of the Maharashtra Prison Manual, a convict must serve 60 years including remission, or 25 years of actual imprisonment, whichever is later, for premature release.

Salem Claims Completion of Sentence Through Custody and Remission

Salem’s plea, through advocate Farhana Shah, claimed that Salem had spent nearly 12 years in custody as an undertrial (2005–2017), nearly 10 years as a convict in another case (2015–2024), and had earned over three years of remission, apart from one month of credit for time spent in Portuguese custody.

However, the state countered that remission cannot be counted under the extradition terms and submitted that a proposal for Salem’s premature release has been sent to the government, but any decision will be guided by the applicable legal framework and international obligations.

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1993 Mumbai Bomb Blasts Case: 'Abu Salem Has Not Yet Completed 25-Year Sentence Under Extradition Terms,' Says Bombay HC

The High Court had earlier, on July 7, prima facie observed that Salem had not completed the mandatory 25 years of actual custody and refused interim relief. The matter is expected to be heard further in the coming weeks.