No Premature Release for Convict in 1993 Kolkata Bomb Blast Case

Calcutta High Court Overturns Premature Release Order for Convict in 1993 Kolkata Bomb Blast Case. Court emphasizes the importance of societal safety and the convict's past associations in denying premature release.

In a significant ruling, the Calcutta High Court has overturned a previous order for the premature release of Md. Khalid, who was convicted for his involvement in the 1993 Kolkata bomb blast that resulted in the loss of 70 lives. The Division Bench comprising Justices Debangsu Basak and Md. Shabbar Rashidi emphasized the severity of the crime and the convict's association with a notorious criminal in denying the release.

The judgment dated September 22, 2025, comes as a reversal to a decision by a Single Judge who had earlier directed the immediate release of Khalid, citing his conduct in jail and transformation over the years. Khalid, who has been incarcerated for over 32 years, was convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987, and other relevant statutes.

The court noted that life imprisonment is equivalent to lifelong incarceration and that remission is not a right but a privilege subject to assessment by the competent authorities. The bench highlighted the role of the State Sentence Review Board, which had previously denied Khalid's release based on objections from Kolkata Police regarding potential threats to public safety and the convict's past criminal associations.

The judgment underscored that any assessment regarding the propensity to commit crime upon release must be based on antecedents, conduct while in jail, and not merely age or apprehensions of victims. It further stated that the decision of the Review Board was plausible, well-reasoned, and not arbitrary or unreasonable.

The ruling emphasizes the discretionary power vested in the executive under Articles 72 and 162 of the Constitution, cautioning against rigid guidelines that could restrict this discretion. The court also acknowledged the guidelines provided by the State and National Human Rights Commission, which require a balance between individual rehabilitation and societal safety.

This decision, while denying Khalid's premature release, allows for future consideration of such pleas by the authorities, keeping in view the evolving circumstances and rehabilitation potential of the convict.

Bottom Line:

Premature release of life convicts - Assessment regarding propensity to commit crime upon release must be based on antecedents as well as conduct of the prisoner while in jail, not merely on age or apprehensions of victims and witnesses.

Statutory provision(s): - Criminal Procedure Code, 1973 Sections 432, 433A - Constitution of India Articles 72, 162 - Terrorist and Disruptive Activities (Prevention) Act, 1987 - Indian Penal Code, 1860 Sections 120B, 34 - Explosive Substance Act Section 5

State of West Bengal v. Md. Khalid, (Calcutta)(DB) : Law Finder Doc Id # 2782395