Notorious gangster Abu Salem, convicted in connection with the 1993 Mumbai serial blasts, is seeking a reduction in his jail time by requesting that the period he has spent in custody since his arrest in 2005 be offset against his overall sentence. While Salem has been convicted in two separate cases—related to the 1993 blasts and the 1995 murder of a city-based builder—he asserts that authorities have only considered setting off his sentence in the former case. A set-off would involve recognizing the time elapsed since his arrest as part of the sentence imposed at the time of his conviction.
Extradited to India from Portugal in 2005, Salem’s plea cites the extradition agreement between the two countries, which prohibits the imposition of the death penalty, life imprisonment, or any prison term exceeding 25 years. In 2015, Salem received a life sentence for the murder of builder Pradeep Jain in Mumbai and, in 2017, for his involvement in the 1993 Mumbai serial blasts.
Salem argues that, in accordance with the extradition treaty, he cannot be detained for more than 25 years, and therefore, his sentence should be offset in both cases to include the time served since his arrest.
The Central Bureau of Investigation (CBI) responded on Monday, deeming the application premature. The CBI referred to a Supreme Court order on July 11, 2022, which stipulated that as Salem was arrested on October 12, 2005, the state must either submit documents related to the 1993 serial blasts case to the President of India or decide on his early release one month before completing his 25-year sentence.
The CBI contends that no action contrary to this order has been presented before the court, making a plea seeking contempt of the court unfounded.
