‘Prison term can’t exceed 25 yrs’: SC seeks response on Abu Salem plea

New Delhi: The Supreme Court on Wednesday sought response from the Centre on a plea filed by gangster Abu Salem, serving life imprisonment for his role in the 1993 Mumbai serial blasts case, contending that his imprisonment cannot extend beyond 25 years as per the terms of the extradition treaty between India and Portugal.

A bench of Justices S K Kaul and M M Sundresh granted four weeks to the Centre to respond on a plea by Salem claiming that the 2017 judgement of TADA court sentencing him to life imprisonment was against the terms of the extradition treaty.

Advocate Rishi Malhotra, appearing for Salem, submitted that life imprisonment awarded to Salem is against the assurance given by the Indian government to Portugal from where he was extradited. The lawyer submitted that even though the TADA court had held that it was not bound by the assurances of the government, the top court has the power to decide the issue.

“Even despite the categorical assurances by the Government of India that the appellant will not be sentenced for more than 25 years which assurances formed part of judicial proceedings right till the Supreme Court of Portugal and upon which the Extradition Order was passed, there was a complete and gross violation by the TADA Court when it imposed sentences of life imprisonment for certain offences,” the plea said.

On February 25, 2015, the special TADA court had awarded Salem life imprisonment in another case for murdering Mumbai- based builder Pradeep Jain in 1995, along with his driver Mehndi Hassan.

The sentence of another accused in the case, Virendra Jhamb, was set off against the period of detention undergone by him in prison during the various stages of the investigation. (PTI)