West Bengal government challenges early release of Bowbazar blasts convict in Supreme Court

The West Bengal government has moved the Supreme Court against a Delhi High Court order granting premature release to Mohammed Rashid Khan, convicted for his role in the 1993 Bowbazar blasts in Kolkata that claimed 69 lives. The state’s counsel, citing the gravity of the offence, mentioned the matter before a bench led by Chief Justice of India Surya Kant and Justice V. Mohana, requesting a hearing on Monday, June 22. The Chief Justice assured that the request would be considered.

Khan was convicted on August 31, 2001, under the Indian Penal Code, the Explosives Act, and the Terrorist and Disruptive Activities (Prevention) Act for orchestrating the March 16, 1993, blasts in a crowded area. Despite the State Sentence Review Board (SSRB) recommending against his release, the Delhi High Court ordered his release on June 5.

Khan, now 77 years old, had sought remission, citing over 33 years in judicial custody and his deteriorating health due to chronic ailments, including diabetes, hypertension, and a cataract. He also pointed out that his co-convict, Pannalal Jaysoara, was granted premature release in March 2014.

The state argued that Khan was the mastermind behind the blasts and opposed his release, noting that the SSRB had initially recommended his release in March 2015 but later reversed its decision in September 2015. The reversal was influenced by a Supreme Court order restraining states from granting remission to convicts under central laws, particularly in cases involving grave offences.

The Delhi High Court, however, emphasized a reformative approach over retribution in remission cases, stating that Khan’s 33 years in prison had sufficiently served the purpose of deterrence. It also considered his age, health, and conduct, concluding that there was little likelihood of him committing a similar offence in the future.

The court acknowledged the societal impact of the case but stressed that the remission policy prioritizes reformation. It also noted that while remission decisions are based on individual conduct, the fact that co-convict Jaysoara had already been granted remission was significant. The court found no change in circumstances between the SSRB’s initial recommendation to release Khan and its subsequent reversal.

The Supreme Court is now set to hear West Bengal’s challenge to the high court’s decision.