West Bengal moves SC against release of 1993 Bowbazar blast convict

THe due west Bengal authorities on th moved the sublime margaret court against the Delhi high court’s order directing the release of Rashid Khan, a life convict in the 1993 Bowbazar blast case that claimed 69 lives in Kolkata, urging urgent intervention to prevent his release.Mentioning the matter before Chief Justice of India Surya Kant, counsel for the state sought expedited listing of its challenge to the June 5 judgment of the Delhi high court, contending that the case involved a grave terror offence and that the high court had erred in directing Khan’s premature release despite repeated rejection of his remission plea by the State Sentence Review Board (SSRB).“The offence is very serious,” said the state’s counsel, pressing for an early hearing and interim protection.During the brief hearing, the Chief Justice asked the state how long Khan had remained incarcerated. The counsel responded that Khan had undergone nearly 30 years of imprisonment, including remission earned during custody.After hearing the submission, CJI Kant agreed to consider listing the matter.The development comes weeks after the Delhi high court ordered the release of the 72-year-old convict, holding that the gravity of the original offence could not, by itself, justify continued incarceration when all indicators pointed towards reformation.In a judgment delivered on June 5, justice Neena Bansal Krishna granted remission to Khan and directed his release forthwith, observing that the punishment already undergone had sufficiently served the goals of deterrence.“The punishment undergone by the Petitioner has sufficiently fulfilled the deterrence sought to be induced in a convict who has committed such grave offence,” observed the high court.Khan was convicted in 2001 under provisions of the Indian Penal Code, the Explosive Substances Act and the now-repealed Terrorist and Disruptive Activities (Prevention) Act (TADA) for his role in the 1993 explosion in Kolkata’s crowded Bowbazar area.The blast, one of the deadliest terror incidents in the city before the serial bombings era, killed 69 persons and left several others injured. Khan’s conviction was subsequently upheld by the Supreme Court.Since his arrest in 1993, Khan has remained behind bars.The writ petition before the Delhi high court had challenged decisions of the West Bengal State Sentence Review Board in 2017 and 2018 refusing premature release despite an earlier recommendation favouring remission.The high court noted that the SSRB had recommended Khan’s release in 2015 after evaluating his conduct and other relevant factors. According to the court, the subsequent rejection of remission was not supported by any fresh material and relied substantially on the same facts already considered earlier.The high court also rejected the state’s contention that Khan continued to pose a threat to society, pointing to his conduct during parole, positive reports from correctional authorities and the absence of complaints regarding his behaviour.Holding that constitutional jurisprudence places significant emphasis on reformation and rehabilitation, the court observed that continued imprisonment could not be justified solely on account of the seriousness of the offence committed decades ago.The West Bengal government, however, has maintained that the nature of the crime and its impact on public safety justified denial of remission and has now sought the Supreme Court’s intervention against the release order.