1993 blasts convict’s parole plea rejected

A division bench of acting Chief Justice Vijaya Kapse Tahilramani and Justice Makarand Karnik said the court cannot be unmindful of the fact that 257 people died and 713 people were injured in the blasts. "The fact remains that Shaikh is involved in terrorist activities and the authorities apprehend that there will be a law and order problem if he is released on parole," the judges said. The 51-year-old convict had sought parole citing his wife's illness. He claimed that she had to undergo a surgery. Shaikh, a resident of Mumbra, had been held guilty of the blasts conspiracy. According to the CBI, Shaikh had travelled to Pakistan to obtain training. A special TADA court had sentenced him to seven years' imprisonment. The CBI successfully appealed against the prison term. The Supreme Court enhanced the punishment and sentenced Shaikh to life imprisonment. In 2016, the state government made changes to rules and barred persons convicted in terror cases from availing of parole or furlough. According to Supreme Court orders, exceptions would be in case of death or serious illness of a close relative. Advocate Farhana Shah, counsel for Shaikh, said he could not be denied parole only on the grounds that he was a blasts convict. Additional public prosecutor Arfan Sait said that besides the blasts case, Shaikh was also booked in three other criminal cases. Sait pointed to the police report that if Shaikh is released on parole, the authorities apprehend that there may be a law and order problem. The court also referred to a report by the jailer that busted Shaikh's claim of good conduct in prison. The jailer's report revealed that Shaikh's conduct "was not satisfactory as he was not doing the work allotted to him in the jail and he was also not following the rules and regulations". The court relied on his wife's medical report that said that the surgery was not dangerous or high risk. Further, Shaikh's sister who works in a hospital could take care of his wife, the court said.

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