Yesterday (8th April) The Supreme Court endorsed the release of a 96-year-old life prisoner involved in a terrorism case. The decision emphasizes humanitarian concerns over prolonged incarceration, likening it to capital punishment. The prisoner, Habib Ahmed Khan, granted parole multiple times due to deteriorating health, prompting the court to consider remission from a human rights perspective.
New Delhi: The Supreme Court, on Monday, supported remission for a 96-year-old convict serving a life sentence in the 1993 train blast case in Rajasthan. Currently on parole, the court stated that prolonged imprisonment is “like capital punishment.”
Habib Ahmed Khan, seeking permanent parole due to his declining health and age, had approached the apex court. A bench of Justices Abhay S Oka and Ujjal Bhuyan urged the Rajasthan government to assess his case from a human rights perspective.
Khan’s representative mentioned that he incarcerated for more than 27 years and granted parole three times. The court extending his current parole from time to time. After reviewing Khan’s medical reports, the bench questioned the purpose of his continued imprisonment at this stage.
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The bench, addressing Additional Solicitor General Vikramjeet Banerjee representing the Rajasthan government, emphasized,
“Take a look at his medical report; where can he possibly go? It’s dire. Yes, he was convicted for a terrorism offense, but he was not sentenced to capital punishment. Continuing his incarceration is tantamount to capital punishment.”
The bench urged Banerjee to contemplate remission for the convict and approach the case from a human rights perspective.
The ASG noted that to seek remission, the convict must apply to the state government, but in this case, his conviction for a terrorism offense could pose a challenge.
Justice Oka questioned the ASG,
“Then what is Article 21 in the Constitution for?” He added that according to Khan’s medical reports, Khan is unable to walk properly or see clearly.
Justice Bhuyan remarked that at the age of 96, Khan is merely marking time, and the legal system must not exhibit such insensitivity.
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Banerjee expressed,
“This court possesses all the powers globally, and if it chooses to exercise the authority under Article 142 of the Constitution for remission, then I would advise against it. Remission can only be authorized by the state government.”
In response, Justice Oka clarified,
“Not unlimited powers globally but all powers granted under the Constitution. Ultimately, there must be a sense of equilibrium.”
The bench instructed Banerjee to seek guidance on the possibility of granting remission or permanent parole for Khan and scheduled a follow-up hearing in two weeks.
Khan arrested in 1994 for his involvement in a series of train bombings in 1993 and convicted in 2004 by the Ajmer trial court under the Terrorist and Disruptive Activities (Prevention) Act (TADA), along with 14 others.
His conviction and life sentence affirmed by the Supreme Court in 2016. Initially held in Jaipur jail, he granted parole by the Supreme Court in 2021.
In August 2018, the Rajasthan High Court granted Khan his first parole for 20 days, considering his age and the fact that a co-accused, Asfaq Khan, also granted parole.
Khan received a second parole for 20 days in 2020 due to the COVID-19 pandemic.
His third parole, initially granted by the high court in February 2021 for three weeks, extended by the Supreme Court due to his worsening health condition.