The Supreme Court on Monday favoured the release of an ailing 96-year-old terror convict, who was serving a life sentence in the 1993 train blast case in Rajasthan, saying that “continued incarceration is like capital punishment”. The man, identified as Habib Ahmed Khan was on parole and had moved the top court seeking a permanent parole given his poor health condition and age.
Khan had been in jail for 27 years following which he was granted parole thrice, reported news agency PTI.
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A top court bench of Justices Abhay S Oka and Ujjal Bhuyan asked the Rajasthan government to consider his case from a “human rights angle”, adding that his incarceration would not serve a purpose.
“Just see his medical report, where will he go? It's the worst. Yes, he was convicted for a terror offence but he was not awarded capital punishment. Continued incarceration for him is like capital punishment,” the bench said.
According to the bench, at the age of 96, Khan is just “counting his days” and the law “cannot be so insensitive”.
The bench also sought instruction on whether Khan could be granted remission or permanent parole. The court has listed the matter after two weeks.
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{{/usCountry}}The bench also sought instruction on whether Khan could be granted remission or permanent parole. The court has listed the matter after two weeks.
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{{/usCountry}}Khan was arrested in 1994 in connection with a series of train blasts in 1993. He was convicted in 2004 along with four others under the Terrorist and Disruptive Activities (Prevention) Act (TADA). The 96-year-old man's conviction and life sentence were upheld by the top court in 2016.
In August 2018, the Rajasthan high court granted him parole for the first time for 20 days considering his age. Later, he was granted parole in 2020 for 20 days amid the Covid-19 pandemic. He was granted parole for the third time in February 2021 - which the Supreme Court has extended till date.
(With inputs from PTI)