The State Human Rights Commission has rejected an application filed by the Faijan Sardar Khan, son of a 1993 blast convict, Sardar Shah Wali Khan, seeking permission for his father to be transferred to an open prison. While rejecting the application, the commission noted that a similar plea had already been filed before both the Bombay High Court and the Supreme Court, where it was denied. Hence, the petition stands disposed of.
Faijan, a Kurla-based resident, had approached the SHRC last year, seeking relief for his father by requesting that he be allowed to serve the remainder of his sentence in an open prison. According to the petition, the complaint alleged collusion between prison officials and certain inmates, leading to false complaints against Khan, which resulted in the rejection of his open prison application.
“The report by the jailer revealed that the complainant’s father, Sardar Shah Wali Khan, had approached the Aurangabad Bench of the High Court, but his plea was rejected in March 2021. A special writ petition was then filed before the Supreme Court, which directed the Selection Committee—responsible for selecting qualified prisoners for open jail—to reconsider the matter in light of its observations.”
Following the Supreme Court’s directive, the Selection Committee reviewed the application again but rejected it, declaring Sardar Shah Wali Khan unfit for transfer to an open jail.
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After the Selection Committee’s decision, Khan once again approached the High Court in April 2023, challenging the committee’s findings. However, the High Court rejected his plea, stating, “We do not see any illegality in the order passed by the IG Prison dated February 04, 2022.”
Prisoners lodged in open jails can live with their families and are allowed to seek employment outside.
As per the Bombay High Court’s orders, a 2010 rule prohibiting prisoners convicted under the now-repealed Terrorist and Disruptive Activities (Prevention) Act from being transferred to an open prison does not apply in Khan’s case, as he was convicted in 2007. The rule applies only to those convicted after 2010.
After reviewing the jailer’s report and previous court orders, the SHRC stated, “In view of the above, it is clear that the complainant’s father, Sardar Shah Wali Khan, had approached both the Hon’ble High Court and the Hon’ble Supreme Court for relief, but his pleas were denied. Hence, the case is closed and stands disposed of.”
Khan, a civil contractor and an aide of prime accused Tiger Memon, was convicted of conspiracy. He has been in jail for the past 24 years.
