Mumbai Court Asked to Clarify Abu Salem's Rs 16.51 Lakh Fine and Prison Term
Nashik jail authorities and gangster Abu Salem have approached a special court in Mumbai this week to seek clarity on whether he must pay a pending fine of Rs 16.51 lakh or face an additional 18 years in prison if he fails to pay. The query raises questions over how the default sentence aligns with the 25-year maximum prison term guaranteed under India's extradition treaty with Portugal.
Salem is currently lodged in Nashik Central Jail, serving two life sentences for his involvement in the 1993 Mumbai serial blasts case and the murder of builder Pradeep Jain. These sentences were awarded by a special court in 2017 and 2015, respectively.
Under the Terrorist and Disruptive Activities (Prevention) Act, Salem was directed to pay a fine of Rs 8 lakh in one case and Rs 8.51 lakh in the other. The court specified default sentences of eight years, and ten years and six months, respectively, if the fines remain unpaid.
This week, the special court in Mumbai received separate applications from Salem and the Nashik jail authorities regarding the issue. Jail officials noted that ambiguity has arisen over the total sentence Salem must undergo if he does not pay the fine, given the 25-year extradition assurance.
In his letter to the court, Salem stated that he has not received proper information from prison administration regarding the payment of his fine.
Salem was extradited to India from Portugal on November 11, 2005. During the extradition process, India assured Portugal that Salem would not face the death penalty or a prison term exceeding 25 years if found guilty.
In 2018, the Supreme Court clarified that Salem would complete his 25-year jail term in 2030, calculating the duration from his extradition date in 2005. However, that ruling did not specify how the fine amount or the default prison sentences would be handled.
According to the jail authorities, Salem has been filing inquiries under the Right to Information Act to ask if his default sentence has been waived. The jail's application requested the court to clarify whether the fine should be recovered or if the default sentence must be served so they can update his sentence calculations.
In his plea, Salem cited a July 11, 2022 Supreme Court order, claiming it made no mention of a fine and concluded his sentence period should simply be 25 years. Although Salem has previously sought early release under remission rules, the Supreme Court ruled in 2022 that his release will only be considered in 2030.
