Gangster Abu Salem, who was extradited from Portugal to India in 2005, is trying to release prematurely from jail. But the state government told the Bombay High Court this week that according to the terms of extradition from Portugal, it would have to be cut off for 25 years – that is, it cannot be released before 2030. India had assured Portugal that if Salem is found guilty in pending cases against him, he would not be sentenced to death or sentence of more than 25 years. In 2015 and 2017, Salem was sentenced to life imprisonment for the killing of builder Pradeep Jain respectively and for the 1993 Bombay bomb blasts. On what basis is Salem demanding release?
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On November 4, 1993, Abu Salem, or Abu Salem Abdul Qayum Ansari, was named as an absconding accused in the first charge sheet filed by the Mumbai Police in the Mumbai bomb blast case. Police claimed that Salem was assigned to carry and hide weapons and was associated with the conspiracy of the blasts. On March 12 the same year, a terrorist attack coordinated by Dawood Ibrahim and his gang led to a dozen bombings in Mumbai, killing 257 people. Along with the Salem bomb blasts, in 1995, a builder of Mumbai also remained the wanted accused in the murder of Jain. It is said that he had left the country and escaped and remained absconding until the case started and ends.
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In 2002 itself, investigators had a major success and Salem was detained in Portugal’s capital Lisbon. It was said that he had undergone plastic surgery to change his appearance, but he was identified on the basis of his fingerprint in the police records. A year later, the Portuguese government accepted India’s request for the extradition of Salem based on the documents and evidence provided in the crimes committed in India, including the 1993 terrorist attacks. Salem appealed against the government’s order in the Portuguese courts and the then Deputy Prime Minister LK Advani assured that he would not be sentenced to death of death or more than 25 years. Salem was extradited to India on 11 November 2005. He was prosecuted for the builder’s murder and 1993 bomb blasts. He was found guilty of murder and criminal conspiracy under sections of the Indian Penal Code (IPC) and Terrorist and Disruptive Activities (Prevention) Act (TADA) and sentenced him to life imprisonment.
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For the last few years, a Jail in Maharashtra has been knocking on the doors of various authorities including Salem, Lower Court, Bombay High Court and Supreme Court and is asking for its release. He is claiming that he has the right to get all the benefits of a prisoner, such as a discount in punishment. There is a deficiency in the period of jail, under punishment exemption, nature of crime and good conduct, and special schemes etc. Lem has claimed that based on the time spent in jail, he deserves 3 years and 16 days discount. Furthermore, given that he was in custody in Portugal since September 2002, he has spent more than 25 years of jail and should have been released on 31 March 2025. Based on these calculations, Salem has written several times to the Portuguese authorities claiming that its extradition terms have been violated. He has also written a letter to Maharashtra Prison Department, State Government and Courts.