SC stays Delhi HC order for premature release of 1993 Kolkata Bowbazaar blast case

The Supreme Court on Tuesday stayed the Delhi High Court order directing the premature release of a life term convict in the 1993 Kolkata Bowbazar blast case.

A bench comprising Justices PK Mishra and Sanjeev Sachdeva gave the interim relief on a plea filed by the West Bengal government, challenging the June 5 order of the high court directing the forthwith release of the 77-year-old convict, Md Rashid Khan.

The top court also issued notice to Khan, who was convicted under the stringent provisions of TADA, on the plea of the State Government.

Appearing for the state government, additional solicitor general SV Raju said the high court erred in its finding and questioned relying on reformative theory for granting relief to Khan in a case where more than 70 people died, and hundreds got injured in the bomb blasts.

Senior advocate MR Shamshad, appearing for Khan, submitted that he had spent over 33 years in prison, and highlighted that a co-accused, Pannalal Jaiswara, was granted remission in March 2014.

The bench, however, said the roles attributed to them were completely different while pointing out that Khan was the “mastermind” of the incident. 

Shamshad submitted that the conduct of the prisoner, which has been good in prison, should be taken into account.

The bench observed that he was sentenced for an act which was “almost a terrorist act.”  Khan’s counsel highlighted his poor health condition and told the bench, “He is not mentally incapacitated, but he is in bad condition.” The bench said if the high court’s order is not stayed, the State’s appeal will become infructuous.

The State Government has contended that the high court granted the relief despite the recommendation made by the State’s Sentence Review Board (SRB) against his release, as Khan was convicted under the Terrorist and Disruptive Acts Prevention Act (TADA).

On June 5, the high court took into account Khan’s long period of incarceration, prison conduct and the reformative philosophy and ordered his premature release.  A special TADA court in 2001 had convicted Khan and four others in the 1993 Bowbazar case, which occurred at his workshop, where explosives were stored. Khan was sentenced to life imprisonment under TADA, the Arms Act and the IPC.

The top court later upheld the convictions. While allowing his release plea, the high court set aside the State SRB’s decision communicated through an order dated August 8, 2018, which had rejected his request for premature release.

Khan has also sought remission from the Centre, stating he has been in custody since March 3, 1993, and due to advance age, he suffers from multiple age-related ailments.

He further pointed out that co-convict Pannalal Jaiswara had already been released under a 2014 Government notification.