‘Public safety, welfare of society override reformative claims of convict’: Delhi HC refuses man’s early release

Refusing an early release of the convict — Nasir Mohd Sodozey alias Aftaab Ahmed alias Abdullah who has already served over 28 years of his life term — Justice Sanjeev Narula reasoned that welfare of society outweighs his positive reformative assessment.

A court, set up under the Terrorist and Disruptive Activities (Prevention) Act (TADA), 1987, had sentenced him to death in 2002 for offences under IPC, TADA, and the Foreigners Act, 1946. The sentence was modified by the Supreme Court in 2003 to life sentence. The Sentence Review Board had refused to consider him for early release in June 2023.

The court considered the state’s submission that Nasir had been associated with Ahmed Omar Saeed Sheikh, one of the principal conspirators, who was subsequently released in 1999 following the Indian Airlines Flight IC-814 hijack, and that Nasir’s release “may rekindle networks or sympathies hostile to the State”. A Social Investigation Report had, however, recorded that Nasir’s conduct in prison was satisfactory and in recent years, he has not displayed overt tendencies of violence or indiscipline.

Justice Narula, refusing him relief, recorded, “…in cases touching terrorism, offences against the State, or crimes with a bearing on national security, considerations of public safety may legitimately override the reformative claims of an individual convict. While prolonged incarceration is a relevant factor and must weigh with the reviewing authority, it cannot prevail over the larger interests of society where the underlying crime was designed to destabilise the State and spread fear among its citizens and international visitors. In the present case, the act of abducting foreign nationals was calculated to project a threat against the sovereignty of India, with international ramifications. Such an act not only undermined domestic security but also tarnished India’s standing before the world community. Against this backdrop, the balance tilts decisively in favour of societal and national security concerns….despite the long incarceration undergone by the Petitioner, the nature of the offence, its broader societal impact, and the legitimate concerns of national security remain overriding considerations. The factor of ‘welfare of society’, expressly recognised in the remission policy, is of wide amplitude and encompasses considerations such as the nature of the offence, its potential impact on public order and national security, and the confidence of the community at large.”

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