The Supreme Court has stayed a Delhi High Court order directing the premature release of Mohammed Rashid Khan, the 'mastermind' behind the 1993 Bowbazar bomb blasts in Kolkata which claimed 69 lives. Khan has been in prison for over 33 years.
The Supreme Court on Tuesday stayed the Delhi High Court order directing the premature release of Mohammed Rashid Khan, who was convicted in the 1993 Bowbazar bomb blasts in Kolkata that claimed 69 lives.
A bench of Justices PK Mishra and Sanjeev Sachdeva passed the interim order while issuing notice on the petition of the West Bengal government challenging the Delhi High Court's order for the release of the TADA convict.
Arguments in the Supreme Court
Additional Solicitor General SV Raju, appearing for the State, submitted that the State's Sentence Review Board (SSRB) had recommended against the release of Khan, who was convicted under the Terrorist and Disruptive Acts (Prevention) Act, despite the High Court ordered his release. TADA is considered the predecessor of the Unlawful Activities (Prevention) Act, also known as UAPA. He questioned the High Court order relying on reformative theory for granting relief in a case where around 70 persons died, and hundreds got injured in the bomb blasts.
Senior advocate MR Shamshad, appearing on caveat for Rashid Khan, told the bench that he has spent over 33 years in prison, and highlighted that a co-accused, Pannalal Jaiswara, was granted remission in March 2014. However, the bench said that the roles attributed to them were different, observing that Rashid Khan was the "master mind."
Delhi High Court's Rationale for Release
On June 5, the Delhi High Court allowed a petition filed by Khan, who had spent over 33 years in prison, while taking into account his long period of incarceration, prison conduct and the reformative philosophy underlying premature release.
On August 31, 2001, Khan was convicted under the Indian Penal Code, the Explosives Act and the Terrorist and Disruptive Activities (Prevention) Act for his involvement in the March 16, 1993, Bowbazar bomb blasts, which claimed 69 lives after explosions in a crowded locality of Kolkata.
Khan sought remission on the ground that he has spent over 33 years in judicial custody. He submitted that he is 77 years old and suffers from several age-related health conditions. He further contended that co-convict Pannalal Jaysoara was granted premature release on March 5, 2014, and while the SSRB had recommended his premature release on March 25, 2015, the recommendation was subsequently reviewed and rejected in September 2015.
The High Court, ordering his release held that reformation should be the dominant objective of a punishment and during incarceration, every effort should be made to recreate the good man out of a convicted prisoner.
The 1993 Bowbazar Blast
The 1993 Bowbazar blast took place on the night of March 16, 1993, in Kolkata, claiming 69 lives and reducing several residential buildings to rubble. The explosion was caused by a large cache of explosives allegedly stored by local don Rashid Khan and occurred just days after the Mumbai serial blasts. (ANI)
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