The Bombay High Court on Wednesday criticized the Central and State governments for delaying proceedings in gangster Abu Salem's petition seeking remission and premature release from Taloja prison, where he is serving a life sentence for his role in the 1993 Mumbai bomb blasts.

A division bench comprising Justices Sarang Kotwal and Shriram Modak firmly stated:

"We will grant you very little time, not weeks. The matter is scheduled for April 16, but both the State and Union must file their replies before then. Show some urgency and be prepared to argue the matter on the next date."

Salem had challenged the special Terrorist and Disruptive Activities (TADA) court's December 10, 2024, order rejecting his plea for premature release.

During the hearing, State's Additional Public Prosecutor Mankunwar Deshmukh admitted that the State had yet to file its affidavit. Expressing displeasure, the Court remarked, "There is extreme urgency in this petition, yet you (State) are not showing any urgency. You were given 21 days to file the affidavit, but it remains pending."

The Bench also criticized the Union government, noting that Additional Solicitor General (ASG) Anil Singh neither appeared for the hearing nor submitted an affidavit.

In his petition filed through advocate Farhana Shah, Salem argued that he has completed 25 years in prison and is entitled to release under the extradition treaty between India and Portugal, which governed his extradition in 2005.

According to Salem, his imprisonment should be calculated from November 2005, when he was brought to India. Including earned remissions, he contends that he has served more than 25 years and must be released, as the treaty does not permit incarceration beyond this period.

By his calculation:

• From November 2005 to September 2017 (undertrial period), he served 11 years, 9 months, and 26 days.

• As a convict, from February 2015 to December 2024, he has spent 9 years, 10 months, and 4 days in prison.

• He has earned a remission of 3 years and 16 days for good behavior in a 2006 case and was granted an additional one-month relaxation by the Supreme Court for his time as an undertrial in Portugal.

Summing up these periods, Salem claims to have spent 24 years and 9 months in custody.

He also cited the Supreme Court's July 2002 ruling, which recognized the treaty with Portugal and held that he must be released upon completing 25 years in prison.

Salem contended that his continued detention beyond this period violates his fundamental right to life and liberty under Article 21 of the Constitution. His plea seeks a clear directive from authorities specifying his exact date of release.