Bombay High Court Permits Abu Salem Four Days of Parole, Mandates Payment for Police Escort
In a significant ruling, the Bombay High Court on Wednesday declared that gangster Abu Salem can be granted four days of parole leave, excluding travel time, but with the condition that he must bear the expenses for police escort charges. This decision came during a hearing of Salem's petition, which sought 14 days of parole to travel from Nashik prison to Azamgarh, Uttar Pradesh, for attending the post-death rituals of his elder brother.
Judicial Proceedings and State Objections
The bench, comprising Justices Ajey Gadkari and Shyam Chandak, deliberated on the case where Salem, currently serving a 25-year imprisonment sentence for his involvement in the 1993 Mumbai blasts, had his initial application for parole rejected. On November 20, the deputy Inspector General (prisons) turned down the request, citing an adverse report from the Saraimir police station in Azamgarh. Subsequently, on December 5, the Inspector General approved a two-day emergency parole with police escort, but later, on January 20, clarified that Salem would need to pay escort charges for four days, including two days of travel, effectively granting him "clear two days of parole."
Prosecution's Concerns and Defense Arguments
Special public prosecutor Amit Munde, representing the Central Bureau of Investigation (CBI), supported the State's stance on the parole matter. He referenced the Saraimir police station's report, which highlighted potential breaches of peace in the communally sensitive area if Salem were released on parole. The judges, however, questioned Munde on the logic behind the concerns, asking whether a two-day release would not pose such risks while a 14-day period would. Munde responded by noting that Salem had requested 14 days of parole without an escort, adding to the apprehension.
Advocate Farhana Shah, representing Salem, argued that her client is financially unable to cover the escort charges. She pointed out that other individuals have been granted 14 days of parole in similar circumstances, to which the judges countered by emphasizing the local police's expressed fears. Shah further questioned, "It is my (Salem) native place. What problems will there be?" underscoring the personal nature of the visit.
Court's Final Ruling and Future Steps
After considering all arguments, the judges ruled that Salem could receive four days of parole, with travel time excluded, as per a provision in the Criminal Procedure Code. Justice Gadkari stated, "Instead of two days, go for four days. You will have to pay escort charges." Shah expressed concerns that this timeframe might be insufficient for performing the necessary rituals and prayers, and she sought additional time, indicating that she would provide further information by February 2.
This case highlights the ongoing legal and security challenges in granting parole to high-profile convicts, balancing humanitarian considerations with public safety concerns in sensitive regions.
