New Delhi:

The Supreme Court has upheld the commutation of the sentence of a sick 96-year-old prisoner serving a life sentence in the 1993 Rajasthan train bombings who is currently on parole, saying continued imprisonment is “like a death sentence”.

Habib Ahmed Khan moved the Supreme Court for permanent parole in view of his deteriorating health and age, a bench of Justices Abhay S Oka and Ujjar Ujjal Bhuyan asked the Rajasthan government to consider his case from a human rights perspective.

His lawyer said he had been incarcerated for more than 27 years and had been paroled three times. The court now extends parole to third terms from time to time.

The judge carefully read Mr Khan’s medical report and asked what was the purpose of jailing him at this time.

“Just look at his medical reports. Where will he go? This is the worst. Yes, he was convicted of terror crimes, but he was not sentenced to death. Continuing incarceration would be like a death sentence for him,” The judge told Solicitor General (ASG) Vikramjeet Banerjee, appearing on behalf of the Rajasthan government.

The judge asked Mr Banerjee to consider reducing his sentence and view the case from a human rights perspective.

The ASG pointed out that to obtain commutation of sentence, a convict must apply to the state government but in this case, his conviction for terror offenses would be an obstacle.

So what is the role of Article 21 of the Constitution, Justice Oka asked, adding that according to Mr Khan’s medical report, he could neither walk nor see properly.

Justice Bhuyan said Mr Khan was 96 and just counting his days and the law could not be so insensitive.

“The court has all the power in the world and if it were to use its powers under Article 142 of the Constitution to commute sentences, then I would urge not to do so. Because commutation can only be granted by the state government,” the ASG said.

“Not all the powers in the world, but all the powers under the Constitution. Ultimately, there has to be some balance,” Justice Oka replied.

The judge asked Mr Banerjee to seek directions on whether Habib Ahmed Khan could get a reduced sentence or permanent parole and listed the matter for a hearing in two weeks’ time.

Habib Ahmed Khan was arrested in 1994 in connection with a series of train bombings in 1993 and was indicted along with 14 others in 2004 by the Ajmer Trial Court under the Terrorism Act. Criminalization under the Immigration and Disruptive Activities (Prevention) Act (TADA). In 2016, the Supreme Court upheld his conviction and life sentence and he was lodged in Jaipur jail and was paroled in 2021.

In August 2018, the Rajasthan High Court granted him 20 days of parole for the first time, taking into account his age and that of his co-accused in the same case, Asfaq Khan.

In 2020, as the coronavirus pandemic broke out, Mr Khan was again granted parole for 20 days.

In February 2021, the High Court granted him a third three-week parole, which is currently being extended by the Supreme Court due to his deteriorating health.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)