Abu Salem Premature Release Plea: SC Reserves Verdict

• The Supreme Court has reserved its order on Abu Salem's plea for premature release from prison.
• Salem claims that earned remission and undertrial set-off have already taken his imprisonment beyond the 25-year limit assured by India to Portugal during his extradition.
• If the court rules in favor of Salem, it could set a precedent for other prisoners who have been assured that they will not be imprisoned beyond a certain period.

The senior counsel further submitted that when the benefit of set-off and India's assurance to Portugal that he would not be imprisoned beyond 25 years, he has already undergone 26 years, 9 months and 22 days.

The Supreme Court has reserved its order on a plea filed by Abu Salem, a convict in the 1993 Mumbai serial blasts, seeking premature release from prison. The court heard arguments on earned remission and undertrial set-off, which Salem claimed had already taken his imprisonment beyond the 25-year limit assured by India to Portugal during his extradition.

Salem was extradited from Portugal on November 11, 2005, after a prolonged legal battle. He has been in prison for over 17 years, with the majority of that time spent as an undertrial. The court permitted Salem's counsel to file written submissions along with supporting judgments within one week before passing orders.

The hearing was attended by Justices Vikram Nath and Sandeep Mehta, who heard the matter and directed Salem's counsel to place his remaining submissions in writing.

A Constitution Bench of the Supreme Court has held that remission earned for good conduct in prison forms part of the actual sentence undergone and must be counted while computing the total period of imprisonment. Salem's counsel, Senior Advocate Rishi Malhotra, argued that this principle applies to his client's case, where he has already been granted three years and two months of earned remission for good conduct in prison.

Malhotra further submitted that when the benefit of undertrial set-off is combined with earned remission, Salem has already crossed the 25-year ceiling that India had assured Portugal during the extradition proceedings. He claimed that Salem has undergone 26 years, 9 months and 22 days in prison, exceeding the maximum period of imprisonment assured by India to Portugal.

The senior counsel also cited precedent to argue that monthly, quarterly and yearly earned remission, as well as remission granted for performing prison duties, must be treated as part of the actual sentence served.

The Supreme Court's verdict on Salem's plea has significant implications for extradition proceedings and the calculation of imprisonment terms. If the court rules in favor of Salem, it could set a precedent for other prisoners who have been assured that they will not be imprisoned beyond a certain period.

Lawyers are watching this case closely, as it may impact future extradition proceedings and the way remission is calculated in India. The Supreme Court's decision on this matter will provide clarity on the interpretation of remission laws and their application in extradition cases.

Lawyers should watch for the potential implications of this case on future extradition proceedings and the calculation of imprisonment terms, particularly in cases where a country has assured another country that a prisoner will not be imprisoned beyond a certain period.

Source: Original reporting via [Source]