Mumbai, Feb 05: The Bombay High Court on Thursday dismissed a petition by Abu Salem, who is serving a sentence for his role in the 1993 serial blasts case, seeking parole, after considering an adverse police report citing possible law and order concerns if the gangster were released.
Court finds no merit in petition
A bench of Justices Ajay Gadkari and Shyam Chandak dismissed the petition, saying: “We find there is no merit in the petition and it is dismissed.”
Parole sought after brother’s death
Salem sought 14 days’ parole to visit communally sensitive Azamgarh in Uttar Pradesh following the death of his elder brother, Abu Hakim Ansari, in November 2025. He approached the High Court after his parole application was rejected by jail authorities. He then filed the present petition in December 2025 seeking parole.
State, CBI oppose plea
The state government and the Central Bureau of Investigation (CBI) opposed the plea, stating that an adverse police report indicated a possibility of breach of public peace.
Additional Public Prosecutor Aashish Satpute pointed out that the report also mentioned that no person was willing to stand surety for Salem.
Defence questions police findings
His advocate Farhana Shah submitted that the police had not provided material to substantiate their adverse findings that there was a possibility of a law and order situation if he were released.
“What material do they (police) have to say it will happen? The police report should have some substantial material to show there will be a threat,” she argued.
Escort parole and financial constraints
The jail authorities had expressed that Salem could be granted parole for two days under police escort, provided he bore the escort charges.
Shah submitted that Salem has been incarcerated for over two decades and would not be able to pay more than Rs 1 lakh.
Rites already over, state says
Satpute pointed out that Salem had sought parole for his late brother’s 40th day rites. “However, that date has already passed,” Satpute said.
To this, Shah replied that Salem had been seeking emergency parole from the authorities since his brother’s demise. “I have been praying to jail authorities for over three months. Even for death they are raising so many objections,” Shah said. She added that Salem had earlier been released on parole on two occasions after the deaths of his mother and foster mother, without having to pay escort charges.
Extradition argument raised
On the state’s stand that his release may cause serious issues between the governments of India and Portugal, Shah said there is no bar preventing an extradited accused from being granted parole. “As far as the extradition treaty is concerned, it nowhere says I have to be sent back to Portugal,” she added.
Role in blasts case highlighted
Shah also highlighted that Salem was convicted for supplying arms and ammunition to actor Sanjay Dutt. “I (Salem) was not a conspirator. I was not there in any meeting. I did not plant vehicles laden with explosives. Sanjay Dutt was convicted only under the Arms Act and is already out. However, TADA was invoked against me. Mainly because of my name, all these repercussions have come,” Shah emphasised.
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Court cites criminal history
The bench noted in its order that the state affidavit mentioned Salem had several criminal cases against him and had been convicted in the 1993 Mumbai serial bomb blasts case.
“The petitioner had fled the country and was absconding… The petitioner was declared absconding and was arrested in Portugal,” the bench noted.
Agreeing with the appellate authority, the bench observed: “We see no reason to have a different opinion than the appellate authority… We find there is no merit in the petition and it is dismissed.”
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