The case centred around a condition that was part of a treaty executed between India and Portugal to facilitate Salem’s extradition to India.
Salem had been arrested in Portugal in 2002. On December 17, 2002, the government of India gave an assurance to the government of Portugal that if Salem is extradited for trial in India, he would neither be given the death penalty nor would he be subjected to imprisonment for a term beyond 25 years.
After a long extradition battle, Salem was brought to India in 2005, following which he faced trial in two TADA cases, one relating to the 1993 Bombay blasts and another separate case.
He was convicted and sentenced to life imprisonment by judgments dated February 25, 2015 and September 7, 2017, respectively.
Salem, however, contended that the 2017 judgment sentencing him to life imprisonment was against the terms of the extradition treaty under which he was brought back to India in 2005.
While dealing with an appeal filed by Salem on this issue, the Supreme Court in a 2022 ruling had made it clear that once Salem completes 25 years of imprisonment, the Central government must ensure his early release from prison.
At the time, the top court also made it clear that it was not commuting Salem’s sentence, and that the period he spent in Portugal in a passport fraud case could not be counted towards the 25 years.