MUMBAI: The central and Maharashtra governments have opposed gangster Abu Salem’s plea for release from prison on the grounds that he completed his 25-year jail term in March. In separate affidavits, the Centre and the state told the court that Salem had served only 19 years and five months in jail as of March 31 and, therefore, should not be released.
Salem was sentenced to life imprisonment by a local court in September 2017 for his role in the 1993 Mumbai serial blasts. Following an appeal, the Supreme Court commuted the sentence to 25 years, allegedly including the undertrial period and remissions he had earned. In his petition, the gangster claimed he had already served the 25-year term if the remission period for good behaviour was included.
However, Parveen Singh, secretary in the Ministry of Home Affairs, filed an affidavit in reply to the petition, stating that Salem’s calculation of his jail term was not correct.
“He has attempted to combine two separate conviction periods undergone in separate cases to arrive at a conclusion that he is completing the conviction period of 24 years and nine months on December 31, 2024,” the affidavit said. The Centre would abide by the maximum sentence of 25 years, which would expire on November 10, 2030, the affidavit added.
The Maharashtra government, meanwhile, stated a release date that’s even further down the line. “The probable date of release of the petitioner would be January 31, 2046,” said the affidavit filed by Suhas Warke, additional director general of police and inspector general of prisons and correctional services.
The affidavit highlighted that Salem has been sentenced to life imprisonment in two different, serious cases—in 2015 for the 1995 murder of builder Pradeep Jain, and in 2017 in the 1993 serial blasts case.
In the builder murder case, Salem’s set-off period is required to be calculated from October 12, 2005, to September 7, 2017, the affidavit said. In the serial blasts case, the set-off period of 11 years, nine months and 26 days should be considered from February 25, 2015, it said. “That means remission will be calculated from February 25, 2015. These contentions of the petitioner are vague and baseless,” it added.
A separate affidavit filed by Sugriv Dhapate, joint secretary of the state home department, said that the proposal for Salem’s premature release is under consideration and will be decided soon.
Salem’s petition, filed on February 3 through advocate Farhana Shah, calculated his 25 years of imprisonment by including the time he spent as an undertrial prisoner and the regular and special remissions he earned over the years since his extradition to India from Portugal on November 11, 2005.
His petition added that the Supreme Court had upheld his plea that he cannot be sentenced to more than 25 years imprisonment in view of the solemn assurance given by the central government to their counterparts in Portugal.
The division bench of justices Girish Kulkarni and Advait Sethna has posted Salem’s petition for hearing on June 23.
Salem was charged with delivering a consignment of arms and ammunition to various places in Mumbai, including the house of 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.