The Bombay High Court pulled the Maharashtra Center and the Government of the Maharashtra for a delay in a petition filed by the gangster underworld Abu Salem. File | Photo Credit: Hind
The Bombay High Court on Wednesday (April 2, 2025) pulled the Maharashtra Center and the Government for postponing the proceedings in the petition filed by the gangster of the underworld Abu Salem, who is looking for a waiver and premature release from Central Prison Taloja, where he performs a life sentence. Salem is one of the main convicts in the bomb bomb in Mumbai from 1993.
“We will provide you (central and state governments) very less time and not weeks. This matter is held on April 16, but the state and Union must submit your answers before the deferred date. Show some urgency and be prepared to argue on the next date,” said Bench of Justices Sarang Kotwal and Shiram Modak. The bench also criticized another general lawyer who did not appear or made an affidavit for hearing.
Another prosecutor of the Government Maharashtra Mankunwar Deshmukh submitted the bench that the state had to file its honorary statement.
“There is extreme urgency in this petition, yet you (the state of Maharashtra) show no urgency in this case. You have received 21 days to file an affidavit, but you have not yet,” the court said.
Salem challenged the order adopted by a special Act on Terrorist and Disturbing Activities (Tada) on 10 December 2024, which rejected his proposal for early release.
In February 2025, the defense attorney of Farhana Shah for Abu Salem said he had already been sentenced to 25 years in prison in accordance with the procedure for issuing between India and Portugal, and should therefore be given release in accordance with the law and released from prison.
The petition mentioned the order of the Supreme Court of July 11, 2022, in accordance with the Indian extradition contract and the sovereign certainty of Portugal, which limited its imprisonment for 25 years.
“Specifically, the Supreme Court has explained that it includes 25 years, because the period that was subjected to in prison during the court period, and it is further explained that the 25 years also includes all remission,” the petition said.
Salem said he was published from Portugal 11 November 2005 and in two cases he was sentenced to life -long punishment. It was also produced before the designated court on the basis of the law on terrorist and disturbing activities (prevention) (TADA) in the case of Bombay Blasts from 1993.
The petition is followed by the previous rejection of Salem’s release by a special court Tada in Mumbai 10 December 2024.
Salem’s petition claimed that he spent approximately 11 years, nine months and 26 days in custody from November 2005 to September 2017. He spent up to nine years, 10 months and four days from February 2015 to December 2024. In addition, he claimed to earn three years and 16 days in remission for maintaining good behavior in prison. He also mentioned one month he spent in a Portuguese prison before it was issued to India. Gangster calculated the timeline and claimed to have spent 24 years and 9 months as a prisoner.
“The prison department is governed by the practice of sending the proposal” preliminary release “in the case of the life of convicted prisoners, where the state government closes and broadcasts the total number of years after which it can be convicted of life conviction,” she read.
Salem stated that the time of detention during the court proceedings, which was in one case and not in another that was tested in the same overlapping period, is a “mockery of justice”. “The scheme thinking of the prison administration is clearly obvious when the above injustice has encountered the petitioner,” the petition read.
Published – April 3 2025 12:26 IS
