Cal HC dvn bench sets aside single bench order granting premature release to 1993 blast convict

Kolkata, Sep 22 (PTI) A division bench of the Calcutta High Court on Monday set aside a single bench order that had granted premature release to a life term convict who was held guilty in the infamous blast case in Kolkata’s Bowbazar that had claimed 70 lives in 1993.

The division bench presided by Justice Debangsu Basak said that the decision-making process of the State Sentence Review Board cannot be faulted in refusing premature release of Md Khalid, who was a close associate of mastermind Rashid Khan.

The bench noted that the review board, in its decision dated October 9, 2023, had taken into consideration the views of the various stakeholders and gave weightage to the apprehension expressed by the West Bengal government.

"The review board has, after considering the antecedents and association of the writ petitioner and taking into consideration the nature of the crime, unanimously decided not to recommend premature release of the writ petitioner," the division bench, also comprising Justice Md Shabbar Rashidi, observed.

A single bench of the high court had on April 9, 2024, granted premature release of Khalid, who has been in jail for 32 years.

The single bench had, however, allowed the state's prayer for a stay of operation of the order for four weeks. The state had thereafter appealed against the single bench judgment before the division bench, and a stay was granted on the order for the release of Khalid.

Setting aside the single bench order, the division bench noted that the State Sentence Review Board had considered the reports of the superintendent of Medinipur Central Correctional Home, where Khalid is lodged, as also the chief probation cum after care officer, both of whom had recommended the convict's premature release.

Kolkata Police authorities had, however, "raised very serious objections" to his premature release.

The police authorities emphasised the effect of the crime in the locality, as also the past antecedent of Khalid, and had pointed out that he was a very close associate of notorious criminal Rashid Khan, the co-accused who had also been sentenced to life imprisonment.

A stockpile of bombs had gone off in a Bowbazar house in central Kolkata in the middle of the night on March 16, 1993, killing around 70 people, and reducing the building to rubble.

Satta don Rashid Khan and five others were sentenced to life imprisonment under various provisions of TADA (Terrorist and Disruptive Activities Act).

Kolkata Police authorities had also pointed out in their objection to Khalid's premature release that he engaged himself in all sorts of criminal activities as per the instructions of Khan in order to establish himself as a terror in Bowbazar.

The police authorities expressed apprehension that the petitioner, if released, would engage himself in criminal activities, resulting in serious law and order problems.

They also said that witnesses of the case fear retaliation upon their life in the event of his premature release.

The division bench noted that the State Sentence Review Board, having taken into consideration the views of the various stakeholders, had given weightage to the apprehension expressed by the government.

"The view taken by the Review Board is plausible and cannot be said to be unreasonable, arbitrary or in colourable exercise of powers," the court observed, holding that in this case the decision making process cannot be faulted. PTI AMR NN