Rajasthan High Court Upholds Denial of Premature Release for TADA Convicts

Petitioners’ plea dismissed due to specific legal embargo under state rules; High Court emphasizes national security concerns.

In a significant ruling, the Rajasthan High Court, Jaipur Bench, dismissed multiple petitions seeking the premature release of convicts sentenced under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The convicts, involved in the 1993 serial train bomb blast case, are serving life sentences and had sought release based on long periods of incarceration and health issues. However, the court upheld the government’s rejection of their representations, citing stringent provisions under the Rajasthan Prisoners (Shortening of Sentences) Rules, 2006.

The judgment, delivered by a division bench comprising Justices Sudesh Bansal and Bhuwan Goyal, stated that both the Rules of 2006 and the previous Rules of 1958 explicitly bar the premature release of prisoners convicted under TADA. The court emphasized that premature release in such cases poses a serious threat to national security and public peace, and would send a wrong message to criminals.

The petitioners argued that they should be considered for release under the rules applicable at the time of their conviction, but the court found this contention insignificant, noting that similar provisions existed in the earlier rules. The bench clarified that the High Court’s role is not to act as an appellate authority to reassess facts or draw different conclusions if the initial decision was made within the legal framework and was not influenced by arbitrariness or malafides.

Respondents, represented by senior counsel Mr. Bharat Vyas and others, highlighted the threat posed by the premature release of TADA convicts and the express bar on such releases under current rules. They cited guidelines from the Ministry of Home Affairs, which specifically exclude TADA convicts from special remission programs like the one associated with ‘Aazadi ka Amrit Mahotsava.’

The court also referenced previous Supreme Court judgments, including those in Laxman Naskar v. Union of India and Joseph v. The State of Kerala, but found them inapplicable to the present case due to differences in legal context and the nature of the crimes involved.

Ultimately, the Rajasthan High Court upheld the government's orders rejecting the petitioners' representations for premature release, reinforcing the importance of maintaining national security and public safety in cases involving terrorist activities.

Bottom Line:

Premature release of prisoners convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) is specifically barred under Rule 9(5) of the Rajasthan Prisoners (Shortening of Sentences) Rules, 2006, as well as the corresponding Rule 9(v) of the Rules of 1958.

Statutory provision(s): 

- Terrorist and Disruptive Activities (Prevention) Act, 1987

- Rajasthan Prisoners (Shortening of Sentences) Rules, 2006, Rule 9(5)

- Rajasthan Prisoners (Shortening of Sentences) Rules, 1958, Rule 9(v)

- Article 226 of the Constitution of India

The court's decision underscores the balance between individual rights and collective security, affirming legal frameworks designed to address grave threats posed by terrorism-related crimes.

Asfaq Khan v. State of Rajasthan, (Rajasthan)(Jaipur Bench)(DB) : Law Finder Doc Id # 2825344