How Do You Calculate 25 Years From Your Arrest In 2005, SC To Gangster Abu Salem
The apex court noted Salem’s conviction is also for Terrorist and Disruptive Activities (Prevention) Act and added, "let us see the present rules of Maharashtra".
By Sumit Saxena
Published : January 12, 2026 at 7:28 PM IST
New Delhi: The Supreme Court on Monday told gangster Abu Salem, a convict in the 1993 Mumbai serial blasts, that he was arrested in 2005, and asked, "How do you calculate 25 years from 2005?" Salem claimed that he had completed the 25-year jail term in India.
The matter came up for hearing before a bench comprising Justices Vikram Nath and Sandeep Mehta. Senior advocate Rishi Malhotra represented Salem before the bench. Salem was extradited from Portugal on November 11, 2005, after a prolonged legal battle. The bench was hearing Salem’s plea against a July last year order of the Bombay High Court, which said prima facie it appeared that the period of 25 years was yet to be completed.
During the hearing, Justice Mehta told Malhotra, "Your arrest was in 2005. How 25 years are you calculating? How do you calculate 25 years from 2005?" The bench posed a specific query to Salem's counsel.
The bench noted that Salem’s conviction is also for TADA (Terrorist and Disruptive Activities (Prevention) Act) and added, "let us see the present rules of Maharashtra."
"Whether in a case where the accused is convicted under TADA, he would get a single day’s remission or not," asked the bench.
Malhotra said that in this there was an extradition treaty, and the apex court also said that in this case, it would not be life imprisonment. He added that, as per the calculation, his client has completed a 25-year jail term. "You were taken in actual custody on which date?" the bench asked. The counsel said Salem was taken into custody on November 11, 2005.
"So, you calculate 25 years including your remission?" the bench asked. Malhotra said he would place the relevant prison rules on record. "Let the relevant prison rules be filed within a period of two weeks by the petitioner," the bench said. The apex court has scheduled the matter for hearing on February 9.
Salem contended before the high court that he had already undergone 25 years' imprisonment if the remission for good behaviour was included. He urged the high court to release him. The high court had admitted his petition but refused any interim relief.
The apex court, in its July 2022 verdict on Salem’s separate plea, had said the Centre was "bound" to honour its commitment given to Portugal and release Salem on completion of his 25-year sentence in the 1993 Mumbai blasts case. In February 2015, a special TADA court had awarded life imprisonment to Salem in another case for murdering Mumbai-based builder Pradeep Jain in 1995.
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