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The West Bengal government has knocked on the doors of the Supreme Court to contest a Delhi High Court ruling that granted remission to Md Rashid Khan and ordered his release from prison in connection with the 1993 Bowbazar bomb blast case.
Representatives of the state raised the matter before Chief Justice of India Surya Kant and sought an urgent hearing.
After hearing the request, the Chief Justice assured the state that the Supreme Court would consider its special leave petition for an early hearing.
In its appeal, the state challenged the High Court’s order releasing Khan, who was convicted under the Indian Penal Code, the Explosive Substances Act, and the Terrorist and Disruptive Activities (Prevention) Act (TADA).
Justice Neena Bansal Krishna, in her June 5 ruling, held that Khan had become eligible for premature release after spending more than 33 years in custody and demonstrating positive conduct during his incarceration.
While allowing the petition filed by Khan, the court remarked that extending his imprisonment beyond three decades would not meaningfully advance the objectives of punishment.
The High Court relied on prison records that described Khan’s behaviour as exemplary. It also noted that he consistently returned to jail within the stipulated period after parole and that the possibility of his committing a similar offence again appeared minimal, given his age and medical condition.
Referring to the reformative principles of Indian criminal jurisprudence, the court said that authorities cannot deny remission solely based on the gravity of an offence when a convict satisfies all other prescribed conditions.
The West Bengal government continued to oppose Khan’s release, arguing that he played a central role in orchestrating the blast and that the incident had left a lasting impact on society.
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