Delhi HC refuses interim bail to PFI chief, says considering his influence, release ‘fraught with risk’

“There can be no doubt that mental health of an individual is as important as physical health, however, the court would have to take into consideration various factors while considering an application like the present one,” the court held.

Noting that Salam has managed and administered the PFI for several years and “holds considerable influence within the organisation”, the court reasoned that it has to “weigh the reasons set out by the Appellant an humanitarian grounds and the serious possibility of harm being caused to the general sections of the public, especially, in Kerala where the appellant appears to be having a large following.”

Taking an adverse view of the fact that Salam had refused the court’s suggestion if he would be willing to go for custody parole for two weeks in Delhi so that his wife could travel to the national capital, the bench held, “This stand taken by the appellant clearly shows that the intention of the appellant is not to merely meet his wife but to visit the state of Kerala, which in the opinion of the court, is fraught with severe risk and likelihood of unforeseen consequences considering the influence that the appellant wields.”

While rejecting the plea for interim bail, the court further recorded that Salam has four children and sufficient members to take care of his wife.

Earlier, a special National Investigation Agency (NIA) court of Patiala House Courts had refused to grant Salam interim bail on May 31, which he then challenged before the high court.

The NIA arrested Salam under provisions of the Unlawful Activities (Prevention) Act in September 2022. The government had declared PFI and its associate frontal organisations as an unlawful association for five years on September 27, 2022.

The NIA had opposed the grant of interim bail, arguing that the PFI had “several detrimental objectives directed against the country” and releasing Salam, who is the chairman of PFI, “would endanger public safety”.

Salam had sought bail on the grounds that his daughter, who was an MBBS student, passed away on April 18 in a vehicle accident, following which his wife was suffering from extreme grief and various other mental health conditions, diagnosed as ‘adjustment disorder with depressed mood (disorder)’. The special NIA court on April 18 had granted custody parole to Salam from April 19 to April 21 for six hours each day for attending the final rites of his deceased daughter.