The Supreme Court said on Monday, 11 July, that Abu Salem, the dreaded gangster who was convicted for his role in the 1993 Mumbai blasts and a list of other crimes, must be released on the completion of 25 years in prison on the basis of India's assurance to the government of Portugal.
The gangster, who was previously associated with underworld don Dawood Ibrahim, is currently serving several life sentences in a range of cases. Most recently, a Terrorist and Disruptive Activities (Prevention) Act (TADA) court had in 2017 convicted Salem and five others for the 1993 blasts, which led to the deaths of 257 people and injured more than 700.
While Salem has been convicted under different stringent acts, like the TADA, he cannot be given the death penalty or serve a sentence exceeding 25 years, as per the extradition treaty signed between India and Portugal, where he had escaped to avoid arrest.
It was on the basis of this agreement that the gangster was extradited to India from Portugal in November 2005.
A Timeline of Events in Abu Salem's Case
March 1993: A series of blasts ravage Mumbai (then Bombay), killing 257 people and injuring more than 700 in a span of around two hours.
April 1993: Actor Sanjay Dutt, arrested on the charge of illegal possession of a pistol and an AK-56 rifle, confesses that he got the arms from gangster Abu Salem.
November 1993: The Central Bureau of Investigation (CBI) takes over the case.
September 2002: Salem is arrested in Portugal's capital city, Lisbon.
December 2002: In order to extradite Salem, the Indian government assures Portugal that the gangster will not be sentenced to death or granted a period of imprisonment exceeding 25 years.
May 2003: India further assures Portugal that Salem will not be prosecuted for any offence other than the one for which he is scheduled to be extradited.
November 2005: Salem is extradited to India after an agreement with Portugal is signed.
September 2011: The Lisbon High Court rules, on the basis of a petition by Salem, that the Indian government was in breach of its agreement with Portugal, given the fact that additional charges were slapped on the gangster, which invoke the death penalty.
January 2012: The Supreme Court of Portugal rejects a plea by the CBI against the Portugal High Court's judgment.
March 2012: The Constitutional Court of Portugal stays its Supreme Court's order on the alleged breach of contract by India.
June 2012: Salem is shot in Mumbai's Taloja Central jail allegedly by a gangster named Devendra Jagtap, who was accused of killing advocate Shahid Azmi.
16 February, 2015: A TADA court finds Salem and his driver Mehndi Hasan guilty of killing builder Pradeep Jain in 1995.
25 February, 2015: The gangster is sentenced to life imprisonment for murdering Jain.
June 2017: Salem and five others accused in the Mumbai blasts case are convicted by a TADA court. The court also finds him guilty of providing arms to Dutt.
September 2017: The gangster is handed life imprisonment in the case.
February 2022: The Supreme Court asks the central government to respond to Salem's petition stating that his prison term cannot exceed 25 years as per the agreement signed between India and Portugal ahead of his extradition.
April 2022: The Home Ministry informs the court that the matter of honouring the agreement with Portugal will only arise in 2030.
July 2022: The Supreme Court tells the government that it is bound to honour its agreement with Portugal and initiate the process for Salem's release after his imprisonment for 25 years.
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