A.K.SIKRI, ASHOK BHUSHAN
ASFAQ – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Facts of the Case: The case involves a life convict who was convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for involvement in a series of bomb blasts that occurred on December 6, 1993, in multiple locations, which were linked to conspiracy and terrorist activities. The appellant was accused of supplying explosive material and was convicted and sentenced to life imprisonment. Despite his conviction being upheld, he sought parole, which was rejected by authorities based on adverse reports indicating potential threats to societal peace and safety, including risks of untoward incidents, threats, and physical harm to witnesses and the public. The appellant challenged the rejection of his parole application, arguing that the nature of his crime alone should not disqualify him from parole, especially considering his conduct in jail and the principles of reformation and societal reintegration.
Ratio of the Case: The court emphasized that conviction for a serious or heinous crime does not automatically warrant denial of parole, especially when the primary considerations are the offender's conduct, potential for reformation, and the objective of maintaining societal peace. It highlighted that parole serves the purpose of enabling prisoners to maintain family and social ties, aiding their reintegration, and promoting reformation, which are fundamental objectives of the criminal justice system. The court underscored that the decision to grant parole must be based on a comprehensive assessment of the offender’s behavior, potential threat to society, and the likelihood of reformation, rather than solely on the severity of the crime committed. It also stressed that adverse reports indicating potential threats and societal disturbance are relevant considerations for denying parole, and that the authority's exercise of discretion in such cases is justified when based on relevant and sufficient grounds. Ultimately, the court dismissed the appeal, affirming that the authorities acted within their powers when considering the risk factors associated with granting parole to a life convict involved in serious terrorist activities.
JUDGMENT
A.K. SIKRI, J.
Serial bomb blasts took place in five trains on December 06, 1993 at the behest of certain miscreants on the first anniversary of the Babri Masjid demolition. As per the allegations of the prosecution, a conspirational meeting was held in this behalf in Lucknow a couple of months before, to carry out the aforesaid operations. Six separate First Information Reports (FIRs) came to be registered where this bomb blast had taken place, namely, at Kota, Allahabad, Kanpur, Gujarat, Malkajgiri and Karjat. Five of these FIRs were clubbed together and the Central Bureau of Investigation (CBI) took up the investigation. During the course of investigation, the provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as ‘TADA’) were also invoked. The appellant herein was one of the accused persons and one of the allegations levelled against him was that he had supplied explosive material to accused No.1 for which he was paid money by the said accused. Outcome of the trial by the CBI Court was that the appellant, along with others, was convicted under TADA and awarded life imprisonment on February 28, 2004. This conviction has
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