The Supreme Court on Tuesday stayed a Delhi High Court judgment that had granted remission and ordered the release of Md. Rashid Khan, a life convict in the 1993 Bowbazar bomb blast case in which 70 people were killed and more than 100 were injured. The interim stay halts Khan's release pending further hearing on a Special Leave Petition filed by the State of West Bengal.

What the Supreme Court Ordered

A Bench of Justice Prashant Kumar Mishra and Justice Sanjeev Sachdeva passed the interim order after hearing Additional Solicitor General (ASG) S.V. Raju, who urged the apex court to intervene against the High Court's verdict. The Bench issued notice on the SLP and directed: 'In the meantime, the impugned order shall remain stayed.'

ASG Raju submitted before the court that the 1993 Bowbazar blast was a grave terrorist incident in which around 70 people lost their lives, more than 100 were injured, and two buildings collapsed due to explosions caused by bombs.

Background: The Delhi High Court Judgment

In its 5 June judgment, a single-judge Bench of Justice Neena Bansal Krishna of the Delhi High Court had held that Khan, who has spent more than 33 years in prison since March 1993, was entitled to premature release based on the reformative theory of punishment and his conduct during incarceration.

The High Court noted that Khan's jail conduct was rated 'very, very good', that he had returned to custody on time after parole on multiple occasions, and that there was a 'very low likelihood of the recurrence of offence' given his age and medical condition. Justice Krishna observed that keeping him imprisoned after over three decades 'may not be fruitful in any manner' and that his prison record clearly indicated a reformed person.

The judgment also referenced co-convict Pannalal Jaysoara, who had earlier been granted remission, noting that while parity cannot be claimed as a matter of right, the gravity of an offence alone could not deny remission if other criteria were satisfied.

West Bengal's Opposition and Legal Journey

The West Bengal government has consistently opposed Khan's release, contending that he was the mastermind of the blast, that the offence had a profound societal impact, and that police authorities had raised objections to his premature release. The state first approached the Supreme Court seeking urgent intervention, mentioning the matter before Chief Justice of India (CJI) Surya Kant last week.

The CJI, as Master of the Roster, had assured that the plea would be considered for early listing — and the matter was taken up swiftly thereafter.

Notably, the State Sentence Review Board had initially recommended Khan's premature release as far back as 2015, but the proposal was revisited amid legal questions concerning remission powers in cases involving convicts under the Terrorist and Disruptive Activities (Prevention) Act (TADA).

The Charges and Conviction

Khan was convicted under provisions of the Indian Penal Code (IPC), the Explosive Substances Act, and TADA in connection with the Bowbazar blast. The 1993 Bowbazar bomb blast in Kolkata remains one of the deadliest terrorist incidents in West Bengal's history, claiming 70 lives and reducing two buildings to rubble.

The Supreme Court is expected to hear the matter in full after responses are received from the parties concerned. The stay effectively keeps Khan in custody until the apex court rules on the merits of the SLP.