Hearing a petition filed by by four people convicted in the 93 blasts case,the Bombay High Court on Wednesday observed that those who were convicted before the amended state government guidelines of 2008 came into effect,can avail of the benefits of 1992 guidelines for premature release. As per the state governments latest guidelines,terror convicts should spend 50 years in prison or they should undergo imprisonment till they attain the age of 65. The petitioners ,Salim Mira Shaikh,Niyaz Shaikh,Shaikh Ali and Moin Qureshi,said in the petition that they had already spent 14 years in jail. When additional public prosecutor Aruna Kamat Pai informed the court that the petitioners were convicted in 2007,Justice Nazki said the 1992 guidelines should be applicable to them then.Pai has sought two weeks time to file an affidavit in this regard. The court had earlier asked the state why they need to keep blasts convicts in prison for 50 years. Why 50 years, Justice Nazki had asked. Petitioners lawyer N N Gawankar had earlier told the court that the states decision is in the form of a letter and not an order. He contented that its also violative of the guidelines of 1992 which forms the basis for the consideration of the cases for premature release of life convicts. State,however,said as per the amended guidelines of December 18,2008,the state has power to expand the sentence without the consent of the convict on the grounds that if the convict is released,he might commit similar offences. The petitioners were convicted by a TADA court for their role in the 1993 bomb blasts. They had moved HC in April seeking premature release and the court had asked the state government to take decision on their case. In the petition,the convicts stated that government guidelines prescribed that persons held guilty of terrorist activities have to spend 30 years in prison along with the remissions. On June 6,the state government decided that the benefit or remission would not be available to the convicts and that they will have to serve 50 years in prison or they should undergo imprisonment till they turn 65.
