The bench Justices Vikram Nath and Sandeep Mehta sought a response from Malhotra.
Why Salem is seeking an early release
Salem was extradited from Portugal on November 11, 2005, after a prolonged legal battle. He is now seeking early release based on the extradition agreement between India and Portugal, which says he should not serve more than 25 years.
What the court said
The court asked his legal team to produce Maharashtra state prison rules to clarify whether Salem's time in jail, including any remission for good conduct, can be counted toward completing a quarter of a century behind bars, following his conviction under the Terrorist and Disruptive Activities (Prevention) Act.
"Let's see the prison rules of Maharashtra. Whether in a case where the accused is convicted for TADA, he would get a single day's remission or not?" said Justice Mehta.
"How 25 years are you calculating? How do you calculate 25 years from 2005?" the bench asked.
Salem approached the Supreme Court after the Bombay High Court refused to give him interim relief in July 2025. He said he should get credit for three years and 16 days of remission—time reduced from his sentence for good behaviour in jail—when calculating his 25-year prison term.
Earlier, in July 2022, the Supreme Court ruled that once Salem completes 25 years in prison, the Central government must advise the President to release him under Article 72 of the Constitution. The court also said the Centre could consider remission under Sections 432 and 433 of the erstwhile Code of Criminal Procedure.
However, the apex court refused to start counting his 25 years from September 18, 2002, when Salem was in Portugal for a different offence, saying that India's criminal law does not apply outside the country. He was arrested on charges of using a fake passport and extradited to India.
Salem argued that his sentence was illegal, stating that LK Advani, who was Deputy Prime Minister and Home Minister, had assured a Portuguese court that Salem would neither get the death penalty nor serve more than 25 years in jail.
What Salem was convicted of
Salem and five others were found guilty in a series ofbomb blasts in Mumbai that killed 257 people in 1993. In June 2017, a Special TADA Court convicted Salem under multiple Indian laws, including sections of the IPC, TADA, Arms Act, Explosive Substances Act, and Prevention of Damage to Public Property Act.
