Cal HC directs stay in single bench order to consider premature release of one of convicts

Kolkata: The Calcutta High Court on Monday directed a stay in the single bench order which asked the state to consider the premature release of one of the convicts of the 1993 Bowbazar blast which killed 69 people.

The single bench of Justice Sabyasachi Bhattacharya had ordered the West Bengal Sentence Review Board (SRB) to consider the premature release of Md. Khalid, a terrorist who has been in jail for the last 31 years after being convicted in the infamous Bowbazar bomb blast case of 1993.

State government had filed an appeal against the single bench order. Khalid, along with other accused were convicted for life.

The legal question involved in the appeal was whether he had the vested right to seek premature release.

The State Sentence Review Board in its meeting held on October 9, 2023, considered the report submitted by the Superintendent of Midnapore Central Correctional Home as well as the Chief Probation-cum-After Care officer who had recommended the premature release.

Taking note of the circumstances and the nature of the crime, it was unanimously decided not to recommend the release of Khalid.

According to the September 13, 1999 memorandum, the guidelines stated that the judicial department will review the reports and submit notes to the minister-in-charge of the judicial department after considering two aspects including whether there is any chance of recurrence and whether it will adversely impact the society.

Apart from this, other factors like age, social and economic status, links with anti-national and criminals, relations with the neighbours are also considered for a premature release.

The Division Bench, while observing that there are four other convicts in the case as well, decided to admit the appeal for hearing.

A stay order on operation and all other proceedings was given. The matter will be next heard on June 24.

In the hearing before the single bench judge, it was cited that Khalid was a close aide of Rashid Khan, who was the mastermind of the blasts.

However, Justice Bhattacharyya is learnt to have opined that the association of the petitioner with a criminal mastermind 31 years back cannot be a reasonable basis for assuming that he would indulge in criminal activities again when released.