Supreme Court on 96-Year-Old Man Serving Life Sentence for 1993 Train Blasts Convict Habib Ahmed Khan Release

Habib Ahmed Khan petitioned the top court for permanent parole, citing his declining health and advanced age. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan directed the Rajasthan government to consider his case from a human rights perspective.

Khan’s legal counsel stated that he has been in jail for over 27 years and has been granted parole three times, with the current parole being repeatedly extended by the court. The bench, upon reviewing Khan’s medical reports, questioned the purpose of his continued incarceration, emphasizing the severity of his medical condition.

Although Khan was convicted for a terror offense, the bench noted that he was not given the death penalty and likened his ongoing imprisonment to capital punishment. The Additional Solicitor General (ASG) representing the Rajasthan government highlighted that while remission typically requires an application to the state government, Khan’s conviction for a terror offense complicates the process.

However, the bench invoked Article 21 of the Constitution, emphasizing the need for a balanced approach, given Khan’s physical limitations and age. The bench instructed the ASG to seek clarification on the possibility of granting Khan remission or permanent parole and scheduled a further hearing in two weeks.

Khan’s legal history includes arrest in 1994 for involvement in train blasts in 1993, subsequent conviction under the Terrorist and Disruptive Activities (Prevention) Act (TADA), and multiple instances of parole, including the current extension due to his failing health. Ultimately, the bench emphasized the need for a balanced approach, considering Khan’s medical condition and age, and called for a review of the possibility of granting him permanent parole or remission.