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The appeal cites instances of other jails where members of rival gangs are lodged and states that despite security arrangements, murders have occurred. Salem's appeal underscores the risks he faces and seeks to ensure his safety while serving his sentence
1993 Mumbai Train Blast Convict Abu Salem was transferred from the Taloja Jail to Nashik Prison before the high court could hear his petition against the transfer from jail.
Salem was convicted by the Sessions Court and sentenced to life imprisonment in the 1993 Mumbai Train Blast case. He was also convicted for the murder of builder Pradeep Jain.
Salem had earlier approached the Sessions Court seeking his transfer. However, the same was rejected, leading him to file an appeal.
In his plea, Salem claimed that he was attacked twice in Taloja Jail and expressed fears that a similar fate would befall him if he were transferred to another jail.
Yesterday The appeal filed by Salem was listed before the division bench of the high court comprising Justice AS Gadkari and Justice Neela Gokhale.
When the matter was called out yesterday Justice Gokhale recused from hearing Salem’s plea.
Abu Salem’s plea was today mentioned before a division bench of Justice Bharati Dangre at 10:30 but the bench said that it did not have the assignment to hear the matter.
The Advocate then sought liberty to take permission from the registry and then mention the plea against before the bench headed by Justice Dangre.
Justice Dangre’s bench was informed in the evening that Salem had already transferred from Taloja Jail. The advocate sought permission to amend the plea and challenge the transfer itself.
The plea further argues that Article 21 of the Constitution, which guarantees the right to life and personal liberty, extends even to convicts and is considered the heart and soul of the Constitution.
The appeal cites instances of other jails where members of rival gangs are lodged and states that despite security arrangements, murders have occurred. Salem's appeal underscores the risks he faces and seeks to ensure his safety while serving his sentence.
“The other Jails in Maharashtra are housing a number of accused persons belonging to different gangs like the Chhota Shakeel and Chhota Rajan Gang. It is not out of place to mention that there have been number of murders that have taken place at Nashik and at Kolhapur recently inspite of the best arrangements provided by the Jail Authorities,” the plea states.
Salem has claimed that he apprehends serious and life-threatening attacks if he is transferred to any other jail.
“The petitioner apprehends serious and life-threatening attacks if transferred to any other Jail in Maharashtra at this critical juncture and hence is invoking the writ jurisdiction of this Hon'ble Court,” the plea states.
Case title: Abu Salem Abdul Qayam Ansari vs CBI
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