Today, On 28th April,The Delhi High Court granted parole to PFI leader OMA Salam for attending family matters, stating, “If the accused wants to do the ritual, they can,” while observing that whether the ritual is mandatory or optional is not important.
New Delhi: The Delhi High Court heard a parole request filed by OMA Salam, the former chairman of the now-banned organization Popular Front of India (PFI). High Court granted parole to PFI leader OMA Salam for attending family matters.
OMA Salam has approached the court asking for parole so that he can attend to important family matters.
The matter is being heard by Justice Ravinder Dudeja.
Also Read: NIA Opposes Custody Parole Plea of PFI Leader OMA Salam in Delhi High Court
During the hearing, the National Investigation Agency (NIA), which is investigating several cases involving PFI leaders, made its submissions through its lawyer. The Advocate for the NIA informed the Court that there had been no family event or related activity since April 15.
The advocate stated,
“There hasn’t been any activity since April 15. There are three or four points I want to mention.”
In response to the submissions made by the NIA lawyer, the Court made it clear that the request for parole was not based on any event or ceremony.
The Court said,
“This is not about an event or a ceremony.”
Further, the Advocate for the NIA pointed out that they had discovered that the ritual mentioned by the accused was not a mandatory obligation but merely an optional one.
The advocate explained,
“We also discovered that the ritual is not mandatory, but optional.”
However, the Court emphasized that whether the ritual is compulsory or optional does not matter in the case of granting parole.
The Judge stated,
“That is not an important point. If the accused wants to do the ritual, they can.”
The Court has taken note of both sides’ arguments and will soon make a decision on whether OMA Salam should be granted temporary parole to attend to his family obligations.
OMA Salam was the chairman of the Popular Front of India, an organization that was banned by the Government of India in 2022 under the Unlawful Activities (Prevention) Act (UAPA) for alleged anti-national activities. Several PFI leaders, including Salam, are facing investigation by agencies like the NIA for their alleged involvement in unlawful activities.
Parole is a temporary release granted to a prisoner under specific conditions, usually for family emergencies, health issues, or important personal obligations. In parole requests, the courts weigh the seriousness of the reason against public security concerns.
Legal Provisions
- Unlawful Activities (Prevention) Act, 1967 (UAPA): Deals with offenses related to unlawful activities and terrorism.
- Indian Penal Code (IPC): Certain charges against PFI leaders also invoke various IPC provisions.
- Parole Rules: Governed by prison laws and guidelines issued by State and Central authorities.
Also Read: E Abubacker’s UAPA Case| Delhi High Court Denies Bail to Former PFI Chairman
According to standard legal practices, parole can be granted even if the event or ceremony is not mandatory, based on humanitarian grounds. The court will evaluate the request considering the nature of the ritual, the accused’s conduct in jail, and the security situation.
The Delhi High Court’s comment that “If the accused wants to do the ritual, they can” suggests a humanitarian approach towards prisoners’ rights to participate in family-related religious or cultural activities. A final decision is awaited in OMA Salam’s parole plea.