The Supreme Court on Monday stayed a recent order of the Delhi High Court directing the premature release of Md Rashid Khan, one of the convicts in the 1993 Bowbazar blast case in West Bengal.
A Bench comprising Justice PK Mishra and Justice Sanjeev Sachdeva passed the interim order while hearing a plea filed by the West Bengal government challenging the High Court’s decision. The Court also issued notice to Khan and sought his response.
The Bench issued notice and ordered that the challenged order be stayed in the interim.
According to reports, at least 69 people were killed in the 1993 Kolkata blasts, allegedly caused by a large quantity of explosives stored by Khan at his Bowbazar residence amid fears of communal violence following the demolition of the Babri Masjid on December 6, 1992.
Khan was convicted by a TADA Court in 2001. His conviction was subsequently upheld by both the Calcutta High Court and the Supreme Court.
The West Bengal government had earlier expressed no objection to his release in 2015. However, his premature release could not be processed because the State government was restrained from exercising remission powers under central laws due to an earlier Supreme Court order.
As Khan’s representation before the Central government remained pending, he approached the Delhi High Court in 2021 seeking relief.
On June 5, a single judge of the Delhi High Court held that Khan, having undergone more than 33 years of incarceration including parole periods, was entitled to premature release. The High Court observed that continued imprisonment would serve little purpose and noted his age, medical condition and prison conduct while concluding that there was little likelihood of a repeat offence.
Challenging the ruling before the Supreme Court, Additional Solicitor General SV Raju argued that around 70 persons had died and over 100 were injured in the blasts, which also led to the collapse of two buildings.
Senior Advocate MR Shamshad, appearing for Khan, opposed the State’s plea and submitted that Khan had not been convicted for murder and was suffering from several ailments. However, the Bench remarked that Khan was the “mastermind” behind the incident and described the case as “almost terrorist activity.”
Senior Advocate Shamshad also pointed out that a co-accused, Pannalal Jaiswara, had been granted remission in 2014. The Court, however, observed that the two accused had different roles.
The senior counsel further submitted that Khan had maintained excellent conduct in prison and had returned to custody whenever released on parole.
The Bench, however, said that unless the High Court judgment was stayed, the matter could become infructuous if Khan was released in the meantime.
The Supreme Court accordingly stayed the Delhi High Court order and listed the matter for further hearing on July 28. Khan has been directed to file his response within four weeks.
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