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Gangster Abu Salem has approached the Bombay High Court against a sessions court order that rejected his application challenging his planned transfer from Taloja central prison in Navi Mumbai to another jail.
While his plea was listed before a division bench of Justices Ajey S Gadkari and Neela K Gokhale on Wednesday, Justice Gokhale recused herself from hearing the plea by Salem, who has been sentenced to life imprisonment in the 1993 Mumbai serial blasts case.
An alternative bench is likely to hear the matter on Thursday, July 4.
Salem had claimed before the sessions court that Taloja jail was ‘very safe for him’ and there was a ‘conspiracy to kill him’ as he was likely to be released in a few months and he could be attacked by members of rival gangs in other jails in Maharashtra.
The sessions court on June 25, while rejecting the plea, asked the jail authority not to implement its order till July 3 so that Salem could approach the high court challenging the same.
The sessions court had referred to a structural audit report of Taloja jail building consisting of a high security cell and prison barracks, which stated the same was ‘dangerous and unsafe for use’ and required to be vacated immediately.
Judge BD Shelke had noted that he could not find any mala fide intention in the jail authority’s decision to transfer Salem considering his safety and security. The court had noted that jail authorities will be held responsible for any lapse while transferring him from Taloja prison to Nashik central prison.
Aggrieved by the sessions court order, Salem approached the HC, claiming that the jail transfer was “unwarranted, uncalled for and tainted by mala fide intentions.”
Salem argued that he has been facing two trials in Delhi and a jail transfer will delay his travel to Delhi and cause delay in the said trials. He also submitted that he could be shifted to any other barracks inside Taloja jail, which is spacious and safe.
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