The Jail-Earned Remission
Cannot Be Notionally Added To The Period Of Incarceration
-SC.

⚖️Case Study: Abu Salem Extradition & Sentence Computation

📌Background

  • Abu Salem extradited from Portugal (2005) under a sovereign assurance: no death penalty, no imprisonment beyond 25 years.
  • Convicted in 2015 and 2017 under TADA, both sentences of life imprisonment, running concurrently.

🧩Issues Raised

  • Whether Salem had already completed 25 years of incarceration.
  • Whether jail-earned remission could reduce his sentence.
  • Whether sovereign assurance converted life imprisonment into a fixed 25-year term.

🔎Court’s Observations

  • Double-counting custody periods is impermissible.
  • The 25-year stipulation was not a judicial modification but a commitment binding the Executive.
  • Remission applies only to fixed-term sentences, not life imprisonment.
  • Release consideration arises only after completion of 25 years (from 12 Oct 2005).

📝Conclusion

  • Supreme Court upheld Bombay High Court’s dismissal of Salem’s writ petition.
  • Appeal dismissed as premature; 25 years not yet completed.
  • Court reaffirmed separation of powers and the binding nature of international sovereign assurances.

💡Key Takeaways

  • Sovereign assurances in extradition bind the Executive, not Judiciary.
  • Life imprisonment ≠ fixed-term sentence; remission rules differ.
  • Custody computation must avoid overlapping periods.
  • Case highlights balance between international commitments and domestic sentencing law.

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📌 Official Copy of judgement 👇

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