The Supreme Court on Thursday dismissed gangster Abu Salem’s plea seeking release from custody on the ground that he had completed the 25-year imprisonment period stipulated under the terms of his extradition from Portugal.

A bench of Justices Vikram Nath and Sandeep Mehta upheld the Bombay High Court’s April order, which had dismissed Salem’s plea for immediate release as “premature” and “misconceived”.

Under the extradition arrangement between India and Portugal, Salem cannot be sentenced to death and his imprisonment cannot exceed 25 years. The Bombay High Court had held that, in accordance with the assurance given by India to Portugal, the 25-year period would end in November 2030.

The High Court had further held that this period could not be reduced by applying the remission ordinarily available to prisoners.

Appearing for Salem, Senior Advocate Rishi Malhotra argued that the period spent by him as an undertrial should be counted towards the 25-year term. He also contended that remission earned for good conduct should form part of the period of actual imprisonment.

Salem relied on the Supreme Court’s judgment in Swami Shraddananda v. State of Karnataka, arguing that once his undertrial custody and earned remission were taken into account, he had effectively completed around 25 years in prison and was therefore entitled to release.

The Supreme Court, however, rejected his challenge to the Bombay High Court order.

Salem, who was convicted in connection with the 1993 Mumbai serial blasts, was extradited from Portugal to India on November 11, 2005, following a prolonged legal battle.