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 government’s 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 state’s decision is in the form of a letter and not an order. He contented that it’s 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.

... contd.