Mumbai: The Bombay High Court has expressed its displeasure with the central and state governments over the postponement of the petition of gangster Abu Salem, who demanded apology and early release after being in jail for twenty five years in the 1993 bomb blast case.
Justice. Sarang Kotwal and Nya. Modak’s bench orally said that we will give you very little time, not the week. We are determining the hearing on 16 April, but both the Center and the state will have to file their reply before that. Show readiness on the next date and present logic.
Salem challenged the order passed by special terrorist and destructive activities (TADA) court. The TADA court rejected the early release application on 10 December 2002.
Additional government lawyer told the court that the state government has not yet filed an affidavit. Therefore, the court said that this application has been made on a very necessary case but you are not showing any readiness. We gave 21 days time but the affidavit has not been filed yet.
The court also expressed displeasure over the central government’s stand as additional Solicitor General (ASG) Anil Singh did not attend the hearing and an affidavit was not filed.
Salem argued in the petition that he had completed his jail sentence on the basis of extradition agreement between Portugal and India. According to the agreement, the duration of imprisonment cannot exceed five years.
After hearing on March 10, the court had allowed Salem to be made a party to the central government and sent a notice to the Center. The court also gave time to the state government to file replies.
He was extradited in November 2005. Salem was formally arrested on 11 November 2005 and in 1993 a special TADA court sentenced him to life imprisonment.
Salem argued that from 2005 to 2017, he spent 11 years, nine months and 26 days as a prisoner under consideration and from 2015 to 2024, he spent nine years, 10 months and four days guilty in the TADA case. Apart from this, he has been forgiven for three years and 16 days for good conduct and he has spent one month in Portuguese jail. Thus, the total twenty five years in the jail have been completed.
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