Supreme Court Stays Release of TADA Convict in 1993 Bowbazar Blast Case

The Supreme Court has stayed the Delhi High Court’s direction granting premature release to Md Rashid Khan, a life convict in State of West Bengal v. Md. Rashid Khan, arising from the 1993 Bowbazar blast in Kolkata that claimed 69 lives.

A Bench of Justice PK Mishra and Justice Sanjeev Sachdeva passed the interim order on Tuesday while hearing West Bengal’s special leave petition. Notice was issued to Khan, and the operation of the High Court’s June 5 order was suspended pending further consideration.

Appearing for the State, Additional Solicitor General SV Raju questioned whether reformative principles could justify premature release in a case involving mass casualties. He stressed that the explosions had killed dozens of people and injured hundreds, making the seriousness of the offence central to the State’s challenge.

Senior Advocate MR Shamshad, representing Khan, argued that the convict had already spent more than 33 years in prison. He also referred to Khan’s conduct during incarceration and pointed out that co-accused Pannalal Jaiswara had received remission in March 2014.

The Bench distinguished the position of the two convicts, observing that their alleged roles were not identical. During the hearing, it referred to Khan as the “master mind” and noted that the offence for which he was convicted was “almost a terrorist act.”

Khan’s counsel also placed his health condition before the Court. He said, “He has a lot of diseases… one eye is not working. He is not mentally incapacitated, but he is in bad condition.” The submission, however, did not persuade the Bench to allow immediate release.

The Court further observed that unless the High Court’s order was stayed, the State’s appeal could become infructuous. The interim protection therefore preserves the subject matter of the challenge until the Supreme Court examines the legality of the release direction.

West Bengal has argued that the High Court granted relief despite an adverse recommendation from the State Sentence Review Board. Khan was convicted under the Terrorist and Disruptive Activities (Prevention) Act, a factor relied upon by the State to oppose his premature release.

The Delhi High Court had considered Khan’s prolonged imprisonment, prison record and the reformative purpose of punishment. While directing his release, it stated: “It has been 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 Bowbazar explosion occurred on March 16, 1993, after explosives stored in Kolkata detonated, destroying residential buildings and causing extensive loss of life. The Supreme Court will now examine whether the High Court correctly ordered release despite the gravity of the offence and the Review Board’s decision.