Supreme Court Refuses Gangster Abu Salem's Plea, Asks Him To Move Bombay High Court
The apex court rejects Abu Salem’s claim of "10 months’ illegal custody within my 25-year sentence" in the 1993 Mumbai blasts, directs him to HC.
By Sumit Saxena
Published : February 16, 2026 at 6:12 PM IST
New Delhi: The Supreme Court of India on Monday declined to entertain a plea by gangster Abu Salem, who claimed he has been in “illegal custody” for over 10 months, which should be taken into consideration within the 25-year-long sentence awarded to him in the 1993 Mumbai blasts case.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing Salem’s challenge to a July 2025 order of the Bombay High Court, which had observed prima facie that the 25-year period was yet to be completed.
During the hearing, the SC bench noted that the High Court had denied him interim relief, and asked Salem’s counsel to argue the matter for a final resolution there.
Referring to the Maharashtra Prisons (Remission System) Rules, 1962, Salem’s lawyer submitted that his client had already undergone more than 10 months of “illegal custody”. The bench, however, asked him to press the case before the High Court, saying it would decide the matter after considering the affidavits filed by the parties.
The counsel cited an affidavit submitted last year by the Inspector General of Prisons and claimed there was an “arithmetical error” in calculating the sentence. The bench observed that, as per the affidavit, Salem had undergone 19 years and six months.
The lawyer reiterated that his client had spent over 10 months in “illegal custody”. The bench responded, “You (Salem) were given 25 years (sentence) for not doing something good to society. You are convicted under the Terrorist And Disruptive Activities (TADA) (Prevention) Act.”
After hearing the submissions, the court dismissed the plea as withdrawn, granting Salem liberty to approach the High Court for early listing and disposal of the pending case.
Salem, convicted in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, following prolonged legal proceedings. Under the extradition arrangement, he cannot be awarded the death penalty, and his imprisonment cannot exceed 25 years.
He had earlier moved the High Court seeking release, contending that if remission for good behaviour was counted, he had already served his sentence. While admitting the petition, the High Court declined interim relief.
On January 12, the apex court had asked Salem, “How do you calculate 25 years from 2005?” His counsel had then said he was taken into custody on November 11, 2005. Eventually, the counsel withdrew the petition for interim relief.
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