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HC seeks Abu Salem’s response on payment of escort charges for parole after ‘no financial condition’ claims

The court was hearing a plea by Salem, who was arrested on November 24, 2005, and was convicted in the 1993 blasts case in September 2017.

Police taking Abu Salem to Taloja jail after the court sentenced him to life imprionment in Pradeep Jain murder case. (Express Archive Photo by Prashant Nadkar)Police taking Abu Salem to Taloja jail after the court sentenced him to life imprionment in Pradeep Jain murder case. (Express Archive Photo by Prashant Nadkar)

The Bombay High Court on Wednesday sought response from the lawyer representing gangster Abu Salem, convicted in the 1993 Mumbai blasts case, as to whether her client, who has sought emergency parole citing his elder brother’s death, can pay escort charges if granted a four-day parole.

The court was hearing a plea by Salem, who was arrested on November 24, 2005, and was convicted in the 1993 blasts case in September 2017. He was also convicted in Portugal for travelling on a fake passport.

The Maharashtra prison authorities had opposed a plea for 14-day parole stating his release could lead to him absconding and potentially creating serious diplomatic issues between India and Portugal from where he was extradited. “Therefore, two-day parole with escort charges is appropriate,” the government had said.

The government had submitted that Salem, who was extradited from Portugal in 2005, could at most be released on a two-day parole with police escort (charges to be paid by him) to visit Saraimir village in Uttar Pradesh’s Azamgarh district, a “communally sensitive” area, to meet his family following the death of his elder brother, Abu Hakim Ansari, in November last year.

On Wednesday, advocate Farhana Shah for Salem submitted before a division bench of Justices Ajey S Gadkari and Shyam C Chandak that the petitioner was “not in a position to pay the escort charges”. She added, “He has clarified this when the parole rejection order by prison authorities was given to him. He has already stated that due to his financial considerations and so many years in custody, he will not be able to pay the escort charges. The escort charges are also very high and it is not that they are just 10 or 20 thousand rupees and that too for 14 days.”

Shah claimed that earlier, other inmates were also granted 14-day parole and the state government has not clarified as to what exact problem it would create if the relief is granted to the petitioner.

When the state lawyer insisted that it cannot give 14-day parole and CBI lawyer adopted the submission, the bench questioned, “If he is sent out for 2 days such a situation will not arise but for 14 days such a situation will arise?”

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The court also orally told Salem’s lawyer, “Instead of 2 days, go for 4 days. You will have to pay escort charges.” The court said it will invoke the provisions of Criminal Procedure Code (CrPC) to exclude the travel period of 2 days but Salem has to go with the police escort party.

The bench asked Salem’s lawyer to take instructions as to whether he can pay escort charges and respond during the next hearing on Monday, February 2.

 

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