'Serious Threat To Nation': Rajasthan High Court Rejects Pleas Of Life Convicts Seeking Premature Release In 1993 Train Bomb Blast Case

Rajasthan High Court dismissed the petitions filed by four convicts of the December 1993 serial train Bomb Blast cases presently serving life sentence, who had sought premature release and had challenged the rejection of their representations by the State Government. 

The division bench of Justice Sudesh Bansal and Justice Bhuwan Goyal observed that while exercising power of judicial review, the Court can neither sit as Appellate Authority nor is expected to re-appreciate the entire factual matrix to draw a different conclusion/inference than taken by the competent authorities.

Unless and until, it is found that the decision impugned has been taken by the authorities without application of mind to the relevant factors or the same is founded on the extraneous or irrelevant consideration or is vitiated due to malafides or patent arbitrariness, same does not warrant any interference by the High Court.

"We find that the impugned orders have been passed by the authorities having competence and jurisdiction to take a decision on the issue of premature release and the decision has been taken after taking into consideration all the relevant factors and within parameters of law as also taking into consideration the embargo envisaged under Rule 9(5) of the (Rajasthan Prisoners (Shortening of Sentences)) Rules of 2006 or Rule 9(v) of the (Rajasthan Prisoners (Shortening of Sentences)) Rules of 1958...Thus, the contention of counsel for the petitioners that the case of petitioners for premature release has not been considered as per the prevalent rules at the time of their conviction, rather has been considered under the Rules of 2006, looses its significance since the similar rule, as available in the Rules of 2006, was incorporated in the erstwhile Rule of 1958," the bench said. 

It was the case of the petitioners that after being given life imprisonment in 2004, the petitioners had suffered a long period of incarceration beyond the period of 20 years, and all petitioners were suffering from various ailments. Hence, their cases were mature for pre-mature release, and the same was required to protect their fundamental rights of life and liberty.

The issue of commutation of sentence and premature release of petitioners was earlier examined by the Department of Personnel and Training, Government of India, in consultation with CBI, Department of Legal Affairs and Ministry of Home Affairs. The court noted that the after having gone into the merits of case of each petitioner, Ministry of Home Affairs "did not find it proper to commute sentences of the convicts under TADA, irrespective of the period of their incarceration".

Thereafter a representation was submitted by the convicts for their premature release which has been rejected, taking into consideration the "profile of convicts, heinous nature of crime committed by them and the concern of national security". 

The court noted that the authorities had while rejecting the representation said, "It has specifically been observed therein that “terrorist activity is heinous crime and if their premature release is considered, it will be prejudicial to public peace and serious threat to the society and nation, it will also send a wrong message to the criminals. Therefore, premature release of above-mentioned TADA convicts is not recommended”.

Further, it was submitted that under Rule 9(v) of the then existing Rajasthan Prisoners (Shortening of Sentences) Rules, 1958, as well as under Rule 9(5) of the Rajasthan Prisoners (Shortening of Sentences) Rules 2006, there was a specific embargo against consideration of pre-mature release for prisoners convicted under TADA.

Accordingly, the petitions were dismissed.

Title: Asfaq Khan & Ors. v the State of Rajasthan, and other connected petitions

Citation: 2025 LiveLaw (Raj) 424

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