The Maharashtra Government has informed the Bombay High Court that gangster Abu Salem has not yet completed the 25-year prison sentence agreed upon under the extradition treaty with Portugal. On May 7, during a hearing before a division bench of Justices Girish Kulkarni and Advait Sethna, the State opposed Salem’s plea for premature release, asserting that as of March 31, 2025, he has completed only 19 years, 5 months, and 18 days of imprisonment.
Salem had approached the High Court claiming that he had served over 25 years of imprisonment, including remission periods, and thus must be released as per the terms of the extradition treaty signed between India and Portugal. The treaty, signed following his extradition from Portugal in 2005, contained an assurance from the Indian government that he would not face the death penalty or imprisonment beyond 25 years.
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Abu Salem has a history which is not a palatable one at all. He has committed many offences in India. The Government of India gave a solemn sovereign assurance on December 17, 2002 through the then Deputy Prime Minister LK Advani, to the effect that the Government will exercise its powers conferred by the Indian laws to ensure that if extradited by Portugal for trial in India, the appellant would not be visited by death penalty or imprisonment for a term beyond 25 years, the Maharashtra Government stated in an affidavit filed by Suhas Warke, Inspector General of Prisons & Correctional Services.
The affidavit further added that the proposal for Salem's premature release is currently under the State Government’s consideration. It includes inputs from the Advisory Board, the convicting court, the police, the District Magistrate, and the Additional Director General of Police and Inspector General of Prisons.
"The petitioner is recommended to be in category of 50 years. Based on the category of 50 years, the probable date of release of the petitioner would be January 31, 2046. I say and submit that till March 31, 2025, the said Prisoner has undergone imprisonment of 19 Years, 05 months, 18 Days. The period of 25 years of the imprisonment of the Prisoner is not completed till date. Hence, the final date of completion of 25 years of Petitioner / Prisoner will be decided after the reception of the decision on the premature release of the petitioner by the Home Department, State of Maharashtra," Warke stated in the affidavit.
The State also filed another affidavit through Joint Secretary Sugriv Dhapate of the Home Department, confirming that the premature release plea is under active consideration and a final decision will be made soon.
Salem, represented by advocate Farhana Shah, has argued that from the time of his extradition to India in November 2005, he has already served more than 25 years when including remission for good behavior and time spent in custody abroad. He cited that between November 2005 and September 2017 (as an undertrial), he spent about 11 years, 9 months, and 26 days in custody. Additionally, from February 2015 to December 2024, he claims to have served nearly 10 years as a convict. Salem also claimed remission of 3 years and 16 days for good behavior and another month granted by the Supreme Court for time spent as an undertrial in Portugal.
Based on this calculation, Salem claims to have completed 24 years and 9 months in prison. He has also referred to a 2002 Supreme Court ruling which upheld the conditions of the treaty, stating that he must be released after completing 25 years of imprisonment.
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Salem contends that holding him beyond this period violates his fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
However, the Maharashtra Government has dismissed these calculations as “baseless” and inconsistent with established rules, urging the High Court to reject Salem’s plea for premature release.
