Supreme Court compares release of Habib Ahmed Khan, serving life sentence, to capital punishment.

Habib Ahmed Khan has petitioned the top court to grant him permanent parole due to his declining health and advanced age. He has spent over 27 years in jail and has been granted parole three times.

Currently, his third parole has been extended multiple times by the court. The court bench, after reviewing Mr. Khan’s medical reports, questioned the purpose of his continued incarceration, stating that it is akin to capital punishment due to his deteriorating health.

The bench urged the Additional Solicitor General (ASG) representing the Rajasthan government to consider Mr. Khan’s case from a human rights perspective. The ASG highlighted that the convict’s terror offense conviction may hinder his application for remission.

The justices emphasized the importance of Article 21 of the Constitution and expressed concern for Mr. Khan’s physical state, as he is unable to walk or see properly. The ASG pointed out that the power of remission lies with the state government, and the bench acknowledged the need for a balance between the court’s powers and the Constitution.

The bench instructed the ASG to seek instruction on the possibility of granting Mr. Khan remission or permanent parole, setting the next hearing for two weeks later. The text also provides background on Mr. Khan’s case, detailing his arrest in 1994, conviction under the Terrorist and Disruptive Activities (Prevention) Act (TADA) in 2004, and subsequent parole grants in 2018, 2020, and 2021.

These details offer context to Mr. Khan’s current situation and the legal proceedings surrounding his request for permanent parole.