Bombay high court rejects Abu Salem’s parole plea, says ‘no reason’ to interfere

Mumbai: The Bombay High Court on Thursday declined to grant parole to 1993 Mumbai blasts convict Abu Salem, who is lodged in Nashik prison. While Salem sought permission to visit his hometown in Uttar Pradesh for 14 days under the ‘emergency death parole' category following the demise of his elder brother last Nov, the state, through in-charge prosecutor MM Deshmukh, earlier said he could, at best, go for two days with proper police escort. The fees for this would amount to over Rs 17 lakh, which Salem would have to bear.The HC division bench of Justices AS Gadkari and SC Chandak, dismissing his plea, said Salem had to pay escort charges or else could not travel, and found "no reason" to interfere with the decision of the competent authority.
The HC on Tuesday asked Salem's counsel Farhana Shah, who said he could, at best, pay Rs 1 lakh and not the "exorbitant" amount, to take instructions from him and inform the court on Thursday if he wished to withdraw his plea; otherwise, it would pass orders on merit.On Thursday, when withdrawal was not on the cards and she cited the order of co-convict Mohammed Essa, who was granted parole in 2021, the HC, after hearing Central Bureau of Investigation (CBI) special Public prosecutor Amit Munde and advocate Ashish Satpute for the state, said Essa's case was distinguishable.The state said if Salem absconds while on parole, it would raise a diplomatic issue between Portugal and India, as he was deported from Portugal in 2005 to face trials here.Shah said Salem was released earlier for his mother's death and no escort fee was charged, nor did he misuse his liberty or violate conditions. She contended that the state was making unnecessary demands now since he was close to completing his 25-year sentence.Satpute submitted that he was released as an undertrial, not a convict. He added that Salem completed 22 years in prison, and Essa 26 years.The state said Salem absconded in 1993 to evade arrest and was arrested only in Sep 2002 in Lisbon, Portugal. It also said the 40th day passed, and Salem's plea for parole to perform the 40-day last rites for his late elder brother also stood infructuous.