MD. KHALID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The conflict between the human rights of the individual and the interest of the public at large has rarely been tested more than in the cases of premature release of convicts, particularly those convicted of heinous crimes, in the present case, creating communal tension by engaging in terrorist activities. Conflicting philosophies of penology have been pitted against each other, epitomized in some of the decisions of the Supreme Court.

(2.) The present challenge is against a refusal of the prayer of premature release made by the petitioner, a convict in the infamous 'Bowbazar Bomb Blast Case', which rocked Calcutta (now Kolkata) when it happened. The petitioner has already spent more than 31 years behind the bars. Previously, several writ petitions have been filed by the writ petitioner upon non-consideration/refusal of such request by the respondent-authorities, culminating in the present writ petition. By the impugned decision, the State Sentence Review Board (SSRB), West Bengal has decided to turn down the said request primarily on the premise that the convict was a very close associate of the notorious 'Satta Don', namely Rashid Khan, who was the mastermind of the bomb blast. The thrust of the refusal is clearly the magnitude of the offence.

(3.) The petitioner argues that, having spend more than three decades behind the bars, the petitioner ought to be granted premature release on a proper application of the relevant yardsticks as reflected particularly in the views of the Supreme Court (Two-Judge Bench) expressed in Joseph Vs. State of Kerala and others, reported at 2023 SCC OnLine SC 1211. The said judgment lays particular emphasis on the reformative aspect of punishment as opposed to the retributive approach.