Supreme Court Stays Premature Release Of TADA Convict In 1993 Bowbazar Blast Case

The Supreme Court on Tuesday stayed the Delhi High Court order which directed the premature release of life-term convict Md Rashid Khan in the 1993 Kolkata (Bowbazar) blast case.

A bench comprising Justice PK Mishra and Justice Sanjeev Sachdeva passed the interim order while issuing notice on the petition filed by the State of West Bengal challenging the Delhi High Court's order for the release of the TADA convict.

Additional Solicitor General SV Raju, appearing for the State, questioned the High Court relying on reformative theory for granting relief in a case where more than 70 persons died and hundreds got injured in the bomb blasts.

Senior Advocate MR Shamshad, appearing on caveat for Rashid Khan, submitted that he has spent over 33 years in prison, and highlighted that a co-accused, Pannalal Jaiswara, was granted remission in March 2014. The bench however said that the roles attributed to them were different, remarking that Rashid Khan was the "master mind."

When Shamshad submitted that the conduct of the prisoner has been good in the prison, the bench pointed out that he has been sentenced for an act which was "almost a terrorist act."

Highlighting the convict's health condition, the senior counsel told the Bench, "He has a lot of diseases... one eye is not working. He is not mentally incapacitated, but he is in bad condition."

The bench also observed that if the High Court's order is not stayed, the State's appeal will become infructuous. 

The State argued that the High Court granted the relief despite the recommendation made by the State's Sentence Review Board against his release, as he has been convicted under the Terrorist and Disruptive Acts Prevention Act

It was on June 5 that the Delhi High Court allowed a petition filed by Rashid Khan, who had spent over 33 years in prison. The High Court took into account Petitioner's long period of incarceration, prison conduct and the reformative philosophy underlying premature release.

Directing Khan's release, the High Court observed :

“It has been held that reformation should be the dominant objective of a punishment and during incarceration, every effort should be made to recreate the good man out of a convicted prisoner.”

The 1993 Bowbazar blast occurred on the night of March 16, 1993, in Kolkata, killing 69 people and destroying multiple residential buildings. Triggered by a massive cache of explosives stockpiled by local don Rashid Khan, the devastating event took place just days after the Mumbai serial blasts.

Case : State of West Bengal v. Md. Rashid Khan | SLP(Crl) No. 11581/2026