Allahabad HC Sets Aside Afzal Ansari's Conviction, Allows Him to Continue as MP

The Bombay High Court imposed a strict condition on underworld don Abu Salem, saying he must pay for a police escort if he wants emergency parole to attend his brother’s funeral in Azamgarh district of Uttar Pradesh.

A bench of Justice Ajay Gadkari and Justice Shyam Chandak made this clear while hearing Salem’s plea seeking 14 days’ leave following the death of his brother, Abu Hakim Ansari, on November 14, 2025. Salem, the prime accused in the 1993 Mumbai blasts case, argued that having spent 20 years in jail, he should be released without police guards and cited his poor financial condition.
Salem's lawyer argued that her client could not afford the cost of a police escort. However, the bench refused to relax the condition. Justice Gadkari said orally,: "If you want to go (to your native place) then go with escorts party. And you will have to pay for it. If you can't pay, then don't go," clearly rejecting the demand for parole without security.
The Special public prosecutor, appearing for the CBI, supported the Maharashtra government's stand that Salem should be granted only two days' parole. He referred to a police report from Saraymir station in Azamgarh, which described the area as communally sensitive and warned that Salem’s visit could lead to potential unrest and law and order problems.
The prosecutor said he had no objection to Salem being allowed a two-day escorted visit, but firmly opposed granting the full 14 days without protection.
Justice Gadkari questioned this logic sharply: "If he is sent out for 2 days such a situation will not arise but for 14 days such a situation will arise? What submission is this?" When Shah noted other inmates get 14 days freely, the judge countered, "They all are on different premises... Daily we see several petitions for parole but the local police doesn't submit such apprehensions as made in your case."
Ultimately, the court said it was willing to extend the state government’s two days parole to four days by invoking the CrPC to exclude travel time. His counsel pointed out that the journey to Azamgarh takes around 25-26 hours.The bench, however, reiterated that police escorts were non-negotiable and could not be waived.
The bench stated, "We will invoke the provisions of Criminal Procedure Code (CrPC) and exclude the travel period of 2 days. So you can go for 4 days but with escort party.”
As the prosecutor opposed the request, Justice Gadkari asked him to show some empathy saying, "Mr counsel, he has lost his real brother. Consider that."
The court then adjourned the hearing to Monday to allow his counsel to confirm whether Salem would be willing to pay the cost of the police escort.
Case Details: ABU SALEM ABDUL QAYOOM ANSARI VS. STATE OF MAHARASHTRA AND ANR, Criminal WP/1586/2025
4th Year, Law Student