SC stays Delhi HC order directing release of 1993 Bowbazar blast convict

The Supreme Court on Monday stayed a Delhi High Court order directing the premature release of Md. Rashid Khan, one of the convicts in the 1993 Bowbazar, Kolkata, blast case, after he had undergone more than 33 years of incarceration.

A Bench of Justice Prashant Kumar Mishra and Justice Sanjeev Sachdeva passed the interim order on the West Bengal government’s petition challenging the High Court’s June 5 judgment. The Court issued notice to Khan and directed him to file his response, while staying the operation of the High Court order.

Advertisement

“Notice. In the meanwhile, the impugned order to be stayed,” the Bench said.

The matter has been posted for further hearing on July 28.

Khan was convicted by a TADA court in connection with the 1993 Bowbazar blast in Kolkata, one of the deadliest explosions in the city. The blast claimed nearly 70 lives, left over a hundred persons injured and caused extensive destruction, including the collapse of residential buildings. His conviction was subsequently upheld by both the Calcutta High Court and the Supreme Court.

In its June 5 judgment, the Delhi High Court had held that Khan had spent over 33 years in custody, including periods spent on parole, and observed that continued incarceration would serve little purpose. Taking note of his age, medical condition and conduct in prison, the High Court concluded that the objectives of punishment had been sufficiently met and directed his release.

The West Bengal government challenged that decision before the Supreme Court, contending that the gravity of the offence and its devastating consequences warranted continued imprisonment.