New Delhi, Feb 16 (NationPress) The Supreme Court dismissed a plea filed by Abu Salem, a convict of the 1993 Mumbai serial blasts, who sought premature release based on the extradition treaty between India and Portugal.

A bench comprising Justices Vikram Nath and Sandeep Mehta allowed Abu Salem to withdraw his special leave petition (SLP) after his senior counsel, Rishi Malhotra, requested to approach the Bombay High Court for an expedited hearing on the pending case.

"Mr. Rishi Malhotra, learned senior counsel, after arguing for some time, stated that this petition may be dismissed as withdrawn, allowing the petitioner the opportunity to approach the High Court for a prompt hearing and resolution of the pending issue. The petition is dismissed with liberty," the court ordered.

Abu Salem, convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) related to the 1993 Mumbai blasts, asserted that he should be eligible for release after serving 25 years of imprisonment as per the extradition agreement between India and Portugal.

He also sought to include 3 years and 16 days of jail-earned remission for good behavior in calculating his 25-year sentence.

Previously, Abu Salem had approached the Bombay High Court for a directive to the authorities to determine a release date upon serving 25 years. However, in an order dated July 7, 2025, the High Court observed prima facie that the 25-year period was "yet to be completed, including the alleged duration of pre-trial detention or incarceration" and denied interim relief.

Before the Supreme Court, Malhotra argued that his client was pursuing standard and annual good conduct remission and claimed that the authorities' calculations indicating that Abu Salem had not completed 25 years were an "arithmetical error".

Referencing the Supreme Court’s judgment from July 2022, which considered October 12, 2005, as the start date of his detention, the senior counsel contended that Abu Salem had already "exceeded 10 months" beyond the 25-year threshold, labeling the case as one of "habeas corpus, illegal custody".

Nevertheless, the Justice Vikram Nath led bench expressed its reluctance to entertain the plea at this time, emphasizing that the matter was fundamentally tied to findings from the Bombay High Court and that Abu Salem should file an appropriate application there.

The Maharashtra government maintained that Abu Salem has yet to fulfill the 25-year imprisonment requirement. The Inspector General of Prisons & Correctional Services informed the Bombay High Court that as of March 31, 2025, he had served 19 years, 5 months and 18 days of his sentence.

Abu Salem had petitioned the Bombay High Court for a directive to the authorities to set a release date after completing 25 years, arguing that his ongoing imprisonment infringed upon his right to life and liberty as per Article 21 of the Constitution. He was convicted and sentenced to life imprisonment in the 1993 Mumbai serial blasts case, which resulted in the deaths of 257 individuals and injuries to over 1,400 others. Following his extradition under the Indo-Portugal treaty, his sentence was reduced to 25 years in alignment with the commitments made to the Portuguese officials.