Bombay High Court Rejects Parole Plea of 1993 Mumbai Blasts Convict Abu Salem
The Bombay High Court on Thursday dismissed the parole application of Abu Salem, a convict in the 1993 Mumbai serial blasts case, who is currently incarcerated at Nashik Central Prison. Salem had sought emergency death parole for 14 days to visit his hometown in Uttar Pradesh following the demise of his elder brother in November last year.
High Escort Fees and State's Opposition
The state government, represented by in-charge prosecutor MM Deshmukh, opposed the plea, stating that Salem could, at best, be granted a two-day parole with proper police escort. The estimated cost for this security arrangement exceeded Rs 17 lakh, an amount Salem would have to bear personally.
A division bench comprising Justices AS Gadkari and SC Chandak upheld the state's position, emphasizing that Salem must pay the escort charges if he wished to travel. The bench found no reason to interfere with the decision of the competent authority, effectively rejecting his request.
Legal Arguments and Withdrawal Dilemma
Earlier in the week, the High Court had asked Salem's counsel, Farhana Shah, to seek instructions from her client regarding the withdrawal of the plea. Shah argued that Salem could only afford to pay up to Rs 1 lakh, describing the state's demand as exorbitant. However, on Thursday, she informed the court that withdrawal was not being considered.
Shah cited the case of co-convict Mohammed Essa, who was granted parole in 2021, to support Salem's application. However, the High Court, after hearing arguments from CBI special public prosecutor Amit Munde and state advocate Ashish Satpute, distinguished Essa's case from Salem's, noting differences in their circumstances.
Diplomatic Concerns and Past Conduct
The state raised significant diplomatic concerns, highlighting that if Salem were to abscond while on parole, it could strain relations between India and Portugal. Salem was deported from Portugal in 2005 to face trial in India, adding a layer of international complexity to his case.
Shah countered by pointing out that Salem had been released earlier for his mother's death without any escort fees being charged. She asserted that he had not misused his liberty or violated any conditions during that period. Shah further contended that the state's stringent demands were unnecessary, especially since Salem is nearing the completion of his 25-year sentence.
Satpute clarified that Salem's previous release was as an undertrial, not as a convict, which justified the different treatment. He also noted that Salem has served 22 years in prison, while Essa had completed 26 years at the time of his parole.
Historical Context and Current Status
The state reminded the court that Salem had absconded in 1993 to evade arrest and was only apprehended in September 2002 in Lisbon, Portugal. This history of evasion contributed to the state's cautious approach.
Additionally, the state argued that the plea had become infructuous since the 40-day period for performing last rites for his late brother had already passed. This further weakened Salem's case for emergency parole.
The Bombay High Court's decision underscores the legal and logistical challenges involved in granting parole to high-profile convicts, balancing humanitarian considerations with security and diplomatic imperatives.
