New Delhi: The Delhi High Court on Thursday granted conditional 'custody parole' to former RJD leader and MP Mohd Shahabuddin to meet his ailing mother and visit his late father's grave who passed away last year. Shahabuddin is serving a life sentence in Tihar Jail in the 2004 Siwan double murder case.
A bench of Justice Anup Jairam Bhambani gave 'custody parole' to Shahabuddin for a period of six hours on any three days of his choice which can be consecutive or otherwise. However, the court said that Shahabuddin cannot meet anyone except his close relatives and no personal security guard will assist him during that period.
"On each of these three days, Shahabuddin would be taken 'in custody' with adequate police security and protection. During the period of custody parole, the petitioner shall be free to meet only his mother, wife and any other blood relatives but no one else; and the petitioner shall be afforded sufficient privacy to interact with such persons as he pleases," the order said.
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The bench also made it clear that in the course of the custody parole, the petitioner shall not be entitled to the presence of his personal guards or other such persons.
Shahabuddin had filed a petition appealing to the court to allow him to visit his sick mother and the grave of his deceased father. However, Delhi and Bihar Police hesitated in providing security to the incarcerated leader.
The additional standing counsel of the Delhi government, advocate Sanjay Lao, had submitted that the Delhi Police will face difficulty in escorting him to Bihar in the COVID-19 pandemic times and also city police should not be held responsible for the safety of the leader.
The court noted that the police departments of both Bihar and Delhi are saying in unison that they cannot assure Shahbuddin’s custody and safety and alternatively, they are saying that they would need to deploy inordinately vast resources if his custody and safety is to be ensured.
Shahabuddin was shifted to Tihar Jail on February 15, 2017, and on October 30, 2018 the court had pronounced life imprisonment to him in connection with the murder case.
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With agency inputs