Supreme Court stays Delhi HC order for premature release of 1993 Bowbazar blast convict

The Supreme Court on Monday stayed Delhi High Court's recent order for the premature release of Md Rashid Khan, one of the convicts in the 1993 Bowbazar blast case from West Bengal.

A Bench of Justice PK Mishra and Justice Sanjeev Sachdeva passed the interim order on a petition moved by the West Bengal government challenging the Delhi High Court ruling. It also issued a notice to Khan for his response.

"Notice. In the meanwhile the impugned order to be stayed," the Court said.

As per the Telegraph, at least 69 people were killed in 1993 in Kolkata in blasts triggered by the "huge amount of explosives that Khan had stocked in his Bowbazar home, fearing a communal attack following the Babri Masjid demolition on December 6, 1992."

Khan was convicted in the case by a TADA Court in 2001. His conviction was later upheld by the Calcutta High Court as well as the Supreme Court.

The West Bengal government had given no objection for his release in 2015. However, his release remained stalled as the State government stood restrained from exercising its power of pre-mature release under Central laws in view of a Supreme Court order.

Since his representation before the Central government remained under process for process, he approached the Delhi High Court in 2021.

A single judge of the Delhi High Court on June 5 ruled that since Khan had suffered over 33 years of incarceration, including parole periods, he was entitled to release.

"To keep the petitioner in jail, when he has already spent over 33 years in prison, may not be fruitful in any manner. The punishment undergone by the Petitioner has sufficiently fulfilled the deterrence sought to be induced in a convict who has committed such grave offence. Finally, considering the age, conduct and ailments suffered by the Petitioner, it may be considered that there would not be a recurrence of such offence by the Petitioner," the High Court held.

However, the West Bengal government has challenged this decision.

Before the Supreme Court, Additional Solicitor General SV Raju submitted that 70 persons had died in the bombing and over 100 people were injured. He added that two buildings also collapsed due to the explosion.

Opposing the State's plea, Senior Advocate MR Shamshad submitted that he was not convicted for murder and that he suffers from various ailments. However, the Court said his role was that of a mastermind and that his mind is fully functional.

"This is almost terrorist activity," the Bench remarked.

Shamshad responded that a co-accused Pannalal Jaiswara has already been given remission in 2014. However, the Court said that they have different roles.

Shamshad submitted that Khan has been in prison for 33 years and that his conduct has been excellent.

"He has come out many times and gone back," the senior counsel said.

The Court was not convinced and said it would have to stay the verdict.

"If we don’t grant interim relief (stay) and he is released in between then this will become infructuous," it said.

The Court then stayed the High Court ruling and listed the matter for further consideration on July 28. It asked Khan to file a response within four weeks.