The Supreme Court of India has issued a stay on the recent order by the Delhi High Court, which had granted premature release to Md Rashid Khan, a convict in the notorious 1993 Bowbazar blast case in West Bengal. The decision was made by a bench comprising Justice PK Mishra and Justice Sanjeev Sachdeva, following a petition from the West Bengal government challenging the High Court’s ruling. The apex court has also directed Khan to submit his response to the notice.
Supreme Court’s Interim Order
During the hearing, the Supreme Court bench explicitly stated, “Notice. In the meanwhile, the impugned order to be stayed.” The order effectively halts Khan’s release, providing the judicial system more time to further examine the case.
Background of the Bowbazar Blast
According to reports from The Telegraph, the 1993 Bowbazar explosions resulted in the deaths of at least 69 individuals. The blasts were reportedly caused by a significant stockpile of explosives Khan had stored in his Bowbazar residence, allegedly due to fears of communal violence following the Babri Masjid demolition on December 6, 1992. Khan was convicted by a TADA Court in 2001, and both the Calcutta High Court and the Supreme Court later upheld his conviction.
Legal Proceedings and High Court’s Ruling
Although the West Bengal government had initially granted no objection to his release in 2015, the process was stalled due to restrictions imposed by the Supreme Court on the State’s power to grant premature release under Central laws. After seeking relief through the Central government, Khan approached the Delhi High Court in 2021. On June 5, a single judge ruled in Khan’s favor, citing his over 33 years of incarceration, including parole periods, as a basis for his release.
The High Court observed, “To keep the petitioner in jail, when he has already spent over 33 years in prison, may not be fruitful in any manner.” The court also considered Khan’s age, conduct, and health issues, concluding that there was minimal risk of him reoffending.
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West Bengal Government’s Challenge
Despite the Delhi High Court’s ruling, the West Bengal government challenged the decision. Before the Supreme Court, Additional Solicitor General SV Raju argued that the blast had killed 70 people, injured over 100, and caused the collapse of two buildings. Opposing the State’s plea, Senior Advocate MR Shamshad asserted that Khan had not been convicted of murder and suffers from multiple health issues. However, the Court maintained that Khan played a mastermind role in the incident, remarking, “This is almost terrorist activity.”
Shamshad highlighted that Khan has demonstrated exemplary conduct during his 33 years in prison and noted that a co-accused had received remission in 2014. Nonetheless, the Court emphasized the differing roles between Khan and the co-accused.
Next Steps
The Supreme Court has scheduled further consideration of the matter for July 28 and has ordered Khan to file a response within four weeks. In the meantime, the stay on the High Court’s order effectively pauses any release proceedings.
