The Bombay high court on Monday said it was of the prima facie opinion that gangster Abu Salem has not yet completed 25 years in jail in India as mandated under the terms of his extradition from Portugal.
Salem had filed a petition in HC seeking to be released claiming he had already undergone 25 year imprisonment term if the remission for good behaviour is included.
When Salem was extradited from Portugal, the government of India had at the time assured he would not be handed down the death penalty in any case and that he would not be imprisoned for a term beyond 25 years, the plea said.
On Monday, a bench of Justices A S Gadkari and Rajesh Patil admitted his petition but refused any interim relief.
As per a Supreme Court order, Salem's arrest is October 2005 and, hence, prima facie it is clear that the 25 year period is not yet complete, the HC said.
The bench said it would take up the plea for final hearing in due course.