Bombay HC Denies Abu Salem Emergency Parole Over ₹17 Lakh Escort Fee Dispute
Bombay HC Rejects Abu Salem's Emergency Parole Plea

Bombay High Court Rejects Abu Salem's Emergency Parole Plea Over Escort Fee Dispute

The Bombay High Court has firmly rejected a plea by convicted gangster Abu Salem seeking emergency parole to meet his family following the death of his elder brother. The court's decision came after Salem's lawyer argued that he was financially incapable of paying the substantial high security escort charges mandated by state prison authorities.

Financial Constraints and Legal Arguments

During the proceedings, advocate Farhana Shah representing Abu Salem informed the division bench of Justices Ajey S Gadkari and Shyam C Chandak that her client could not afford the estimated escort charges of nearly ₹17.76 lakh for a four-day parole. The court responded unequivocally that Salem "cannot bargain" on the payment of these security expenses.

Shah presented several arguments in favor of granting parole:

  • Salem's prolonged custody has left him without financial resources to cover the exorbitant escort fees
  • There are no legal restrictions preventing an extradited accused from availing parole
  • Salem has previously been permitted to attend other court cases without violating any conditions
  • The gangster was not the original conspirator in the 1993 Mumbai blasts case

State's Opposition and Security Concerns

Additional Public Prosecutor Ashish Satpute, representing the state government, strongly opposed the parole plea on multiple grounds:

  1. The purpose of attending his brother's final rites had already passed since the death occurred in November last year
  2. The extradition treaty with Portugal imposes additional security considerations
  3. Salem has been convicted of serious offenses creating legitimate apprehension about potential absconding
  4. A 14-day parole period presented significant security risks

Advocate Amit Munde for the Central Bureau of Investigation also joined in opposing Salem's application, reinforcing the state's security concerns.

Court's Final Verdict and Conditions

The Bombay High Court bench carefully examined all submissions before delivering its judgment. The court noted that competent authorities had already granted permission for parole with the specific condition that Salem must bear the high security escort charges. The bench found "no reason to interfere" with these decisions and determined there was "no merit" in the plea.

The court clarified that while it would permit Salem's release on parole, this would only be possible under the strict condition that he pays the required escort charges. Since Salem's counsel confirmed he could not meet this financial obligation, the plea was dismissed outright.

Background and Previous Decisions

Abu Salem, currently lodged at Nashik Central Prison, was arrested in November 2005 following his extradition from Portugal. He was convicted in the 1993 Mumbai blasts case in September 2017 and also faced conviction in Portugal for traveling on a fake passport.

In December 2025, prison authorities had approved a limited two-day parole for Salem to visit Saraimir village in Uttar Pradesh's Azamgarh district, described as a "communally sensitive" area. However, this approval came with the non-negotiable requirement that Salem cover all escort charges himself.

The court's decision underscores the balance between humanitarian considerations for prisoners and the state's responsibility to maintain security protocols, particularly for high-profile convicts with international criminal connections.