The Bombay High Court is currently reviewing a significant plea from convicted gangster Abu Salem. He is seeking emergency parole following the death of his elder brother. This legal proceeding has drawn attention due to Salem's notorious background and the strict conditions proposed by the state.
Government's Stance on Parole Release
On Tuesday, the Maharashtra government's prison authorities presented their response to the court. They stated that Abu Salem could be granted a two-day emergency parole. This would allow him to visit his family and pay respects after his brother's passing. However, the authorities imposed a critical condition for this temporary release.
Escort Charges and Security Concerns
The government emphasized that Salem cannot be released without a police escort. They labeled him an "international criminal," citing his involvement in the 1993 Mumbai serial blasts case. As a result, Salem must bear all escort charges himself. This requirement highlights the state's security apprehensions regarding his potential movements.
In-charge Chief Public Prosecutor Mankunwar Deshmukh represented the state prison authorities during the hearing. Deshmukh confirmed the decision for a two-day parole period. He reiterated that escort arrangements are non-negotiable due to Salem's criminal status.
Court Proceedings and Legal Arguments
A bench of Justices Ajey S. Gadkari and Shyam C. Chandak presided over the hearing. Salem's legal team, led by Advocate Farhana Shah, argued for a longer parole duration. Shah pointed out that Salem needs to travel to Azamgarh in Uttar Pradesh. She contended that two days are insufficient considering the travel time involved.
The court had initially sought the state's response on January 6. During Tuesday's session, the judges directed the state government lawyer to file a detailed reply. This reply should enumerate the state's specific apprehensions and provide exact details of the escort charges. The hearing has been adjourned to next week for further deliberation.
Background of Abu Salem's Case
Abu Salem was arrested on November 24, 2005. His conviction in the 1993 Mumbai serial blasts case came in September 2017. In July 2022, the Supreme Court made an important observation. It noted that the central government must advise the President to consider remission for Salem after he completes 25 years in prison. This aligns with sovereign assurances given to Portugal during his extradition.
Last year, Salem filed another plea seeking remission of his sentence and premature release from jail. The current parole request adds another layer to his ongoing legal battles. The court's decision will set a precedent for handling such high-profile cases with international implications.
The Maharashtra government's conditional offer reflects a balance between humanitarian considerations and security protocols. As the hearing progresses, all eyes remain on the Bombay High Court for its final ruling.
