‘State to decide on convict’s early release’

Kolkata: In the 2003 gruesome murder of two traders by Amjad, popularly dubbed as ‘butcher of Ghaziabad’ and his accomplice outside a Rafi Ahmed Kidwai Road hotel, Calcutta high court on Wednesday held that the “final” decision of Amjad’s premature release lies with the State government, and directed the same to be considered in a month. The State Sentence Review Board (SSRB) had approved of Amjad’s early release, but the judicial department in 2024 denied the release solely on the opinion of the Chief Judge of City Sessions Court, which stated that Amjad “deserves no mercy” and if he is released prematurely, “it would not only cause threat to the society but encourage the convict to commit such heinous crime again also.” The Chief Judge, while opining against Amjad’s premature release, had also stated that the court is not aware whether he has lost his potentiality about his criminal act further or still maintains relation with his old criminal associates or there is any possibility of his inclination to commit criminal acts. Justice Om Narayan Rai on Wednesday stated that the chief judge in his consideration of convict’s premature release did not consider in detail on whether the convict has lost potentiality in committing crime, whether it would be fruitful to keep the convict confined anymore and socio-economic condition of convict’s family, as specified by Supreme Court judgements. The single-judge also held, “Anything that needs “approval’ is by nature not binding. In such cases, the final decision rests with the approving authority i.e. the State Government which has the discretion to accept or reject the recommendation based on legally acceptable and sound reasons. The Court cannot and did not supplant such statutory mechanism provided for grant of remission and premature release.” Hence, the Chief Judge was directed to reconsider Amjad’s case in a month and state in the next one month. Amjad along with Md Kallu were arrested by the New Market police station in 2003 for killing the two traders. They were sentenced to life and fined Rs 5,000 in 2005 by lower court, this was affirmed by another bench of high court in 2013. The State Sentence Review Board (SSRB) took up Amjad’s case for premature release and agreed on releasing him on September 2, 2022. After he was not released despite the Board’s decision, Amjad’s wife filed a case in Calcutta HC in 2024. Pursuant to this case, the judicial secretary reconsidered his case and decided that he was not entitled to remission and premature release. They had sent SSRB’s decision to the Chief Judge who opined against his release. Amjad’s counsel raised questions on how Chief Judge, who was not the presiding judge convicting him of the crime, could give an opinion. Justice Rai replied that while Amjad’s case was tried by Judge XIIth Bench, City Civil and City Sessions Court and the same does not exist as City Civil Court and City Sessions Court started functioning independently from August 11, 2005, the opinion of Chief Judge can be taken in absence of the presiding judge.