Mumbai: The special TADA court on Saturday allowed the plea of gangster Abu Salem to calculate the period of his imprisonment from the date of his actual arrest - November 2005. The court however refused to intervene on the applicability of benefits of remission and other benefits.
Salem had contended that the prison authorities had refused to calculate his period of imprisonment from the date of his arrest in November 2015, however during the pendency of his application authorities have agreed to do so. Hence the Special judge BD Shelke observed that "now there is no controversy or dispute between the applicant and jail authority regarding counting the period of set off."
Salem, who was part of underworld don Dawood Ibrahim's gang was extradited to India in November 2005 for his involvement in 1993 blast and for 1995 murder case of Mumbai-based builder Pradeep Jain. He has been awarded life imprisonment, under the provisions of TADA.
He was extradited from Portugal in November 2005 and in September 2017, Salem was sentenced to life imprisonment for his role in the 1993 serial bomb blast.
Salem had claimed that as per India's solemn assurance to the Portugal government while his extradition, he cannot be put behind the bar beyond 25 years. Meanwhile he had pleaded that the period of his imprisonment should commence from November 11, 2005. Thus, the period from November 11, 2005 till September 7, 2017, should also be considered while calculating his period of imprisonment of 25 years.
Salem's plea was opposed by special public prosecutor Deepak Salvi. Salvi argued that the issue about compliance of solemn assurance and power of government to release Salem has been dealt with before the Apex court.
"It was held that execution of tbe solemn assurance is the exclusive domain of the government and not of the court. Besides, Even if we consider that Salem cannot be put under custody for more than 25 years, he will not be able to come out of prison before 2030," Salvi said.
The prison authorities had claimed that in 2018 the authorities had sought clarification for calculation of Salem's imprisonment. However since the issue was pending before the Apex court it was disposed off saying premature. Prison authorities further said that after the verdict of the Apex court, they have already calculated his imprisonment period from November 2005. However, it said in case if he needed further clarity he has to move the Apex court.
The court however, allowed Salem's plea for set off as the same was also accepted by the prison authorities but refused to intervene in any other issues related to benefits of remission for his early release and also regarding the solemn assurance given by the Indian government to Portugal for his release after 25 years. The court said it has been already decided by the Apex court in July 2022.
