The Delhi High Court has directed the release of Md. Rashid Khan, a life convict in the 1993 Bowbazar blast case, holding that his continued incarceration after more than three decades in prison no longer served any meaningful purpose. The court granted remission and ordered his release, citing his advanced age, long period of imprisonment, and record of good conduct in custody.
Background of the Case
Rashid Khan was convicted in 2001 by a designated TADA court in Kolkata in connection with the 1993 Bowbazar blast case. His conviction was later upheld by the Supreme Court. He had remained in custody since March 1993 and had spent more than 33 years in prison by the time the matter was heard.
The petitioner challenged decisions of the West Bengal State Sentence Review Board (SSRB), which had rejected his requests for premature release in 2017 and 2018. He argued that the SSRB had earlier recommended his release in 2015 after considering factors such as his conduct, age, health condition, and chances of rehabilitation.
Justice Neena Bansal Krishna emphasized that Indian criminal jurisprudence increasingly favors reformation and rehabilitation over retribution.
The court referred to several Supreme Court judgments recognizing that punishment should ultimately seek to reform offenders and facilitate their reintegration into society.
“The reformative approach instils the principle that the one who has committed the offence is not evil incarnate, but rather an individual who may be reintegrated into society through corrective measures,” the bench observed.
The High Court noted that prison authorities had consistently reported Khan's conduct as “very very good.” Records showed that he had worked inside the correctional home, cooperated with prison officials, and returned on time whenever parole was granted.
The court also considered that Khan, now around 77 years old, was suffering from multiple age-related ailments, including diabetes, hypertension and cataract.
According to the judgment, there had been no complaints against him during parole periods, and the material on record indicated a very low likelihood of future criminal conduct.
A significant factor weighed by the court was that the SSRB itself had recommended Khan's premature release in March 2015 after evaluating police reports, correctional home records, health conditions, and rehabilitation prospects.
The bench observed that there had been no material change in circumstances after that recommendation. It found that the subsequent rejection of remission lacked a convincing basis, particularly when the petitioner had continued to age and maintain a positive prison record.
Allowing the writ petition, the Delhi High Court concluded that keeping Khan in prison any longer would not achieve any useful purpose.
“The punishment undergone by the Petitioner has sufficiently fulfilled the deterrence sought to be induced,” the court observed while noting his long incarceration and demonstrated reformation.
Holding that the case met the requirements for remission, the court granted the benefit directly instead of sending the matter back for reconsideration.
The High Court ordered that Md. Rashid Khan be released forthwith, provided he was not required in any other case.
Case Details
Case Title: Md. Rashid Khan v. Union of India & Anr.
Case Number: W.P.(CRL) 1041/2021
Judge: Justice Neena Bansal Krishna
Decision Date: June 5, 2026
