Bombay High Court allows parole for '93 blasts accused
The court was informed that Hanif died on December 28, 2016 and Mustaque wants to attend the last rituals on the 40th day.
Mumbai: The Bombay high court last week allowed the application of Mushtaq Tarani, a convict in the 1993 bomb blasts case and currently serving life sentence at Pune’s Yerwada jail, seeking seven days’ parole to attend his brother’s last rituals.
Advocate Aisha Ansari had moved an application seeking Tarani to be released on parole so that he could attend the last rituals of his real brother Hanis Moosa Tarani.
The court was informed that Hanif died on December 28, 2016 and Mustaque wants to attend the last rituals on the 40th day.
Additional public prosecutor H.J. Dedia opposed the application saying that the competent authority on January 13 had already decided his application and as per this order Tarani was supposed to be taken to his house under police escort for the 40th day ceremony and would be taken back to the jail the same evening.
According to Mr Dedia, the decision of the competent authority was based on the fact that the petitioner was earlier sentenced to death but the SC later commuted his punishment to life sentence.
Ms Ansari on the other hand informed the division bench of Justice V.K. Tahilramani and Justice Revati Mohite-Dere that in November 2014 the competent authority had granted co-accused Soyeb Ghansar parole for a period of 30 days in a case similar to the applicant.
She also pointed out to the court that on August 26, 2016 an amendment was carried out in section 19 of Parole Rule and as per this amendment, emergency parole can be granted for a maximum period of seven days in case of death of grandparents / parents/spouse/children and siblings.
After hearing arguments, taking into consideration that Ghansar was granted parole despite facing similar charges and getting the same punishment, the court allowed Tarani’s application and said he should be released on seven days parole starting January 31.
The TADA court had convicted Tarani for planting an RDX-laden bag in room 3078 of the Centaur Hotel in suburban Juhu, which resulted in injuring three persons and damaging property to the tune of '2.10 crore.
Tarani had also planted an RDX-laden scooter in a busy market area of Sheikh Memon Street, in south Mumbai which did not explode.