Supreme Court Stays Delhi High Court Order Granting Remission to 1993 Bowbazar Blast Convict

June 23, 2026 : The Supreme Court on Tuesday stayed a Delhi High Court order that had directed the premature release of Md. Rashid Khan, a life convict in the 1993 Bowbazar bomb blast case in Kolkata. A Bench comprising Justices Prashant Kumar Mishra and Sanjeev Sachdeva granted interim relief to the West Bengal government, which had challenged the High Court’s June 5 order directing the immediate release of the 77-year-old convict.

The apex court also issued notice to Khan, who was convicted under the stringent provisions of the Terrorist and Disruptive Activities (Prevention) Act (TADA), and sought his response to the state’s plea.

Appearing for the West Bengal government, Additional Solicitor General S.V. Raju argued that the High Court erred in granting relief by relying on the reformative theory of punishment. He contended that such an approach was inappropriate in a case involving one of the deadliest bomb blasts in Kolkata, where more than 70 people lost their lives and hundreds sustained injuries.

Senior Advocate M.R. Shamshad, representing Khan, submitted that his client had already spent over 33 years in prison. He also pointed out that a co-convict in the case, Pannalal Jaiswara, had been granted remission in March 2014.

However, the Supreme Court observed that the roles of the two convicts were significantly different. The Bench noted that Khan was alleged to be the “mastermind” behind the blast, making his case distinguishable from that of the co-accused who had received remission.

The case has reignited debate over the reformative theory of punishment, which emphasizes rehabilitation and reintegration of offenders into society. The doctrine views criminal behavior as a result of social or psychological factors and focuses on reformation rather than purely punitive measures. The Supreme Court will now examine whether such principles can justify remission in a case involving a large-scale terrorist attack and significant loss of life.