Salem is currently serving a 25-year sentence in the 1993 Mumbai blasts case.
“We conclude that on completion of 25 years, the Centre will be bound to advise the President and release him as per the commitment given by India and in keeping with the principle of comity of nations," the apex court said.
Here is all that you need to know about the case?
Gangster Abu Salem, who was convicted in the 1993 Mumbai serial blasts case, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
On February 25, 2015, a special TADA court had awarded life imprisonment to Salem in another case for murdering Mumbai-based builder Pradeep Jain in 1995 along with his driver Mehndi Hassan.
In June 2017, Salem was convicted and later awarded life sentence for his role in the 1993 serial blasts case in Mumbai.
Salem attorney said his sentence could not exceed 25 years as per the assurance given by India to Portugal for his extradition in 2002. The assurance was given to Portugal by the then Deputy Prime Minister L K Advani.
Observing the same, the bench of Justices S K Kaul and M M Sundresh said the Central government is bound to advise the President of India for exercise of power under Article 72 of the Constitution and the national commitment on completion of his sentence.
"The necessary papers be forwarded within a month of completion of 25 years. In fact, the government can itself exercise the power of remission under CrPC within the time period of one month upon completion of 25 years," the bench said.
However, the bench did not accept the submission made by Salem’s lawyer Rishi Malhotra that the period of detention undergone by Salem in Portugal jail should be considered as period undergone under the 25-year jail term.
The bench said that this period of detention (from September 2002) was under a separate passport-related offence. It clarified that the 25 years will be counted from October 12, 2005 corresponding to the period when Salem was detained in Portugal based on a red corner notice issued by Interpol at the instance of the Indian prosecuting agency.
(With inputs from agencies)
