Overview

• The July 14 home department order rejects remission claims and stipulates that Salem can seek release only after serving 25 years in custody or 60 years including credits.
• Under Category 8 of the 2010 government resolution and Rule 25(iii) of the Maharashtra Prison Manual, exemption from remission is mandatory until he completes whichever term is longer.
• Salem’s petition contended he reached the 25-year limit on March 31 by counting undertrial detention, a month in Portuguese custody and over three years of remission.
• The Bombay High Court denied interim bail on July 7 after finding that Salem had not yet served the mandatory 25 years of actual imprisonment.
• Further hearings are pending as the court weighs India’s sovereign assurance to Portugal against the state’s interpretation of prison regulations.