#TADA

The Supreme Court held that Abu Salem had not served the 25-year limit guaranteed by India’s sovereign assurance to Portugal, barred double-counting of overlapping pre- and post-conviction custody, and clarified that remission earned in jail cannot be added to a life sentence. The ruling affects extradition-based sentences and clarifies how custodial periods and remission are computed for life imprisonment.

The Bombay High Court has ruled that sentences imposed under sovereign assurance - such as Abu Salem’s - are immune to reduction through earned remission, even after 25 years of combined undertrial and post-conviction custody. This sets a binding precedent that sovereign commitments in extradition cases override standard prison incentive systems, affecting future cases involving international cooperation and life sentences under TADA.