Synopsis

The petitioner, Abu Salem, a convict in the 1993 Bombay bomb blasts case, was extradited from Portugal in 2005 under a solemn sovereign assurance by the Government of India that he would not be sentenced to death or imprisoned beyond 25 years. The Supreme Court, while upholding his convictions on 11th July 2022, commuted his life sentences to a total sentence of 25 years, directing the government to consider remission under Sections 432/433 of the Cr.P.C. one month prior to the completion of this period. The petitioner filed a writ of habeas corpus claiming that after accounting for his undertrial detention (from November 2005 to September 2017) and earned jail remissions (about 2 years 9 months), he had completed 25 years and was entitled to immediate release. The Bombay High Court dismissed the petition, holding that the 25‑year period is the substantive sentence that the petitioner must actually undergo; earned remissions cannot reduce this cap. The court calculated that the 25 years would expire in November 2030, and any remission exercise can only be undertaken one month before that date.

Court: High Court of Judicature at Bombay (Criminal Appellate Jurisdiction)

Coram: Justice Kamal Khata and Justice A.S. Gadkari

Date of Judgment: Not specified in provided text (likely April 2026)

Citation: 2026:BHC-AS:17585-DB (Writ Petition No.1586 of 2025)

Core Law: Criminal Procedure Code, 1973 (Sections 428, 432, 433); Extradition law; Sovereign assurances; Sentence computation; Remission rules

2. Legal Framework

Major laws and provisions involved

• Code of Criminal Procedure, 1973 – Sections 428 (period of detention to be set off against sentence of imprisonment), 432 (power to suspend or remit sentences), 433 (power to commute sentences)

• Indian Extradition Act, 1962 – Extradition treaty with Portugal

• Constitution of India – Article 72 (power of President to grant pardon)

• Maharashtra Prisons (Remission System) Rules, 1962 – Rules 4(a), (b), (c) (earned remissions for good conduct)

• Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) – Sections 3(2)(i), 6 (offences and sentencing)

• Indian Penal Code, 1860 – Section 302 (murder)

Key legal principles applied

• Sovereign assurance binds the government: The Government of India’s solemn assurance to the Government of Portugal that the extradited person would not be imprisoned beyond 25 years is binding. The Supreme Court converted life sentences into a fixed term of 25 years to honour this assurance.

• 25‑year cap is a minimum period of actual incarceration, not a notional ceiling: The 25 years specified by the Supreme Court is the substantive sentence that the petitioner must underg

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