On 22nd June (Tuesday), the Supreme Court stayed the Delhi High Court’s order directing the premature release of 77-year-old life-term convict Md. Rashid Khan, in the 1993 Kolkata (Bowbazar) bombing case. The interim order was issued by a bench of Justices PK Mishra and Sanjeev Sachdeva in response to the West Bengal government’s plea against the high court’s decision regarding the TADA (Terrorist and Disruptive Activities Prevention Act) convict. TADA was the predecessor of the Unlawful Activities Prevention Act (UAPA).
Additional Solicitor General SV Raju questioned the high court’s use of reformative theory to give relief in a case involving bomb explosions that killed over 70 people, injured hundreds more and destroyed several buildings. He outlined that State’s Sentence Review Board (SSRB) had advised against his release.
Speaking on behalf of Rashid, Senior Advocate MR Shamshad stated that he had been incarcerated for more than 33 years and emphasised that Pannalal Jaiswara, a co-accused, was granted remission in March 2014. However, the apex court countered that Rashid was the “master mind.”
Shamshad argued that the prisoner had behaved well while imprisoned, but the bench noted that he had been punished for an act that was “almost a terrorist act.” Shamshad insisted, “He has come out many times and gone back,” and invoked his “old age and poor health” condition.
However, the court did not agree and conveyed, “If we don’t grant interim relief (stay) and he is released in between, then this will become infructuous.” Rashid’s plea was accepted by the Delhi High Court on 5th June. It considered his lengthy detention, jail behaviour and the reformative philosophy for his early release.
In 2015, the West Bengal government did not protest to Rashid’s release. However, the state was prohibited from using its authority to release him early under central law due to a Supreme Court ruling. Hence, his release remained stuck. He went to the Delhi High Court in 2021 since his representation to the centre continued to be pending.
In 2001, a special TADA Court convicted Rashid and four others in the 1993 Bowbazar case. The incident took place on the night of 16th March 1993 at his workplace, where explosives were stored. He was given a life sentence under the IPC (Indian Penal Code), the Arms Act and TADA. Both the Supreme Court and the Calcutta High Court upheld his conviction.
