Bombay High Court Indicates Disinclination To Grant Emergency Parole To Abu Salem After He Refuses To Pay For Police Escort

The Bombay High Court on Tuesday said it was not inclined to permit underworld gangster Abu Salem to visit his native place in Azamgarh, Uttar Pradesh, to mourn the death of his brother Abu Hakim Ansari, by availing emergency parole for four days, since the 1993 Mumbai Bomb Blasts convict has claimed that he cannot pay ₹17.60 lakh towards police escort party charges. 

A division bench of Justice Ajay Gadkari and Justice Shyam Chandak declined the request after noting that Salem has refused to pay mandatory police escort charges amounting to ₹17.60 lakh for the four-day parole visit.

Salem's counsel, advocate Farhana Shah, contended that the amount demanded was exorbitant and submitted that her client, who has been incarcerated for nearly two decades, is not in a position to pay such a sum as he was not earning. She urged the Court to allow Salem to travel on payment of ₹1 lakh towards escort charges.

However, the Bench was not persuaded.

Justice Gadkari remarked, “Madam, there is no question of bargaining. You will have to pay the government charges.”

Shah further pointed out that Salem had earlier been allowed to visit his native place - Saraymir in Azamgarh, during the demise of his mother and foster mother, on which occasions no such payment was demanded.

At this, Special Public Prosecutor Amit Munde representing the CBI pointed out a report of the Saraymir Police Station that Saraymir was a 'communally sensitive' area in Azamgarh and releasing Salem could lead to 'law and order' situation. 

Weighing in, Additional Public Prosecutor Ashish Satpute pointed out that Salem is an 'international criminal' and thus the court must consider the 'apprehensions' as made by the Saraymir Police.

Responding to the submissions, Shah told the judges that her client has visited Saraymir twice before on account of the death of both his mothers but never such an apprehension was made and that the prosecution is now raising such apprehension only because Salem is likely to be released soon on completion of his sentence.

Shah also questioned why the authorities have proposed 25 police personnel to escort Salem during his parle and said that even 10 to 12 such escorts would be sufficient. She reiterated that her client is ready to pay ₹1 lakh and nothing beyond that.

At this, J Gadkari, made it clear, that the bench was not inclined to consider her plea.

"Madam, you have to pay the charges if you can't then we are not inclined (to allow this plea). Either we dismiss it, or you withdraw this plea. The third option we give is we will admit the petition and let it come in due course for hearing," Justice Gadkari said. 

The bench placed the matter for further hearing on Thursday morning for Shah to get instructions on whether she will withdraw the instant plea or would let the bench pass an order dismissing the same.