Twenty-one years after his extradition from Portugal, gangster Abu Salem continues to make the case for premature release from prison. On Monday (February 16), the Supreme Court refused to entertain his plea, claiming he has been in ‘illegal custody’ over the past 10 months and that he had completed his sentence.

His lawyer has characterised the Maharashtra prison department’s calculation of his prison term as an ‘arithmetical error’. The apex court called him a convict and directed him to approach the Bombay High Court, where his plea for premature release is pending.

“You have stayed for 25 years for not doing something good to the society. You were convicted under TADA,” Justice Vikram Nath, part of the bench with Justice Sandeep Mehta, told him.

The state government had told the Bombay High Court in 2025 that he has to serve out a 25-year term under the conditions of his extradition from Portugal, meaningthat he cannot be released before 2030. India had assured Portugal that Salem would not be given the death penalty or jail term exceeding 25 years if he was found guilty in cases that were pending against him.

In 2015 and 2017, Salem was sentenced to life imprisonment for the murder of builder Pradeep Jain and the 1993 Bombay blasts, respectively. On what basis is Salem seeking release?

Abu Salem, or Abu Salem Abdul Qayoom Ansari, was named as an absconding accused in the first chargesheet filed by Mumbai Police in the Bombay blasts case on November 4, 1993. The police claimed that Salem had been given the task of transporting and concealing weapons and was linked to the conspiracy to execute the blasts. On March 12 that year, a dozen bombs went off across Mumbai in a terrorist attack coordinated by Dawood Ibrahim and his gang, killing 257 people.

Salem remained a wanted accused in the blasts case as well as the 1995 murder of Jain, a Mumbai-based builder. He was said to have fled the country and remained absconding as the trial against the other accused began and ended.

It was only in 2002 that investigators had a breakthrough, and Salem was detained in Lisbon, the capital of Portugal. He was said to have undergone plastic surgery to change his appearance, but his identity was established based on his fingerprints that were available in police records.

The following year, the Portuguese government consented to India’s request for Salem’s extradition on the basis of documents and evidence that were made available on his alleged role in crimes in India, including the 1993 terrorist attack. Salem appealed against the government’s order in courts in Portugal, and L K Advani, then deputy Prime Minister, gave an assurance that he would not be given the death penalty or a prison term of more than 25 years.

On November 11, 2005, Salem was extradited to India. He was put on trial for the murder of the builder and the 1993 blasts case. He was found guilty of murder and criminal conspiracy under the Indian Penal Code (IPC) and sections of the Terrorist and Disruptive Activities (Prevention) Act (TADA), and was sentenced to life imprisonment.

Over the past few years, Salem, who is lodged in a jail in Maharashtra, has knocked on the doors of various authorities, including the trial court, Bombay High Court, and the Supreme Court, asking for the date on which he would be released.

He has claimed that he is entitled to benefits that a prisoner gets, including remission. Remission is a reduction in the jail term based on grounds including the nature of the offence and good conduct, and as part of special schemes, etc.

Salem claims that he is entitled to 3 years and 16 days of remission based on the time he has spent in jail. Also, given that he had been detained in Portugal from September 2002 onward, he has spent more than 25 years in jail, and should have been released on March 31, 2025.

Based on these calculations, Salem has written to Portuguese authorities on various occasions, claiming that the conditions of his extradition have been violated. He has also written to the Maharashtra Prison Department, the state government, and the courts.

Back in 2017, Salem had sought remission under a special scheme introduced by the state to mark the 125th birth anniversary of Dr Babasaheb Ambedkar. He had said that his case was “entirely different” from that of other convicts, as the agreement between Portugal and India guaranteed “pardon, reprieve, respite or remission”.

And what have the courts ruled in this matter?

* Salem had approached the Supreme Court in 2018 with his plea for early release. In 2022, the court said that no special privileges could be extended to him, considering the gravity of his offences.

The court also said that his contention that the period of his detention should be considered to have started in 2002 when he was first detained could not be accepted, as he was convicted of entering Portugal on a fake passport and had been punished in that country.

The court said that in keeping with the assurance given to Portugal, once Salem completed 25 years in jail, which would be in 2030, the Union of India would consider the matter.

* Last year, Salem approached the trial court in Mumbai, asking for the tentative date of his release and a calculation of his remission as per prison rules. The court rejected his plea in December 2024 after the CBI submitted that, as per the Supreme Court order, he could be released only in 2030.

* Salem then approached the Bombay High Court, where the Prison Department and Home Department of the state submitted in May that he had actually been in prison for 19 years.

The Home Department also submitted that since Salem is a convict in two cases under the anti-terror law, TADA, his life imprisonment would not be calculated as a 14-year prison term.

The Union Ministry of Home Affairs too filed an affidavit in May, saying that as a TADA convict, Salem’s life imprisonment was for 60 years. However, to honour the assurance given to Portugal, the question of his release would arise on November 10, 2030, after he had served 25 years.

The Union of India would abide by the assurance at the appropriate time, subject to remedies which may be available, the affidavit said.

In July 2025, the High Court admitted Salem’s plea seeking remission and early release, but said that he had yet to complete the 25-year term, and that his plea would be heard in due course.

In August, the state informed the court in an affidavit that Salem does not have a “palatable history”, citing the criminal offences he had been convicted of. It said that given his criminal record, Salem was a “Category 8” prisoner who would have to spend 60 years in jail before being considered for release.

However, as per the agreement with the Portuguese, Salem would not remain in jail for more than 25 years, the state said. But these 25 years would be “actual imprisonment”, and would not include remission. Therefore, he cannot be released before 2030.

On Monday, his lawyer told the Supreme Court that the term completed thus far by Salem as per the affidavit before the high court was an ‘arithmetical error’, and sought ordinary and annual good conduct remission.