The Delhi High Court has dismissed a plea seeking premature release of a man convicted for life in 2002 for participating in a terrorist conspiracy involving the abduction of four foreign nationals to pressure the Indian Government into releasing jailed militants.

Justice Sanjeev Narula rejected the petition filed by Nasir Mohd Sodozey alias Aftaab Ahmed alias Abdullah, challenging a June 30, 2023 order of the Sentence Review Board (SRB) which had declined his request for early release.

The Court observed that although prolonged incarceration is a relevant consideration, it cannot override national security concerns, particularly where the crime was designed to destabilise the State and instil fear among citizens and the international community.

“The act of abducting foreign nationals projected a threat against India’s sovereignty with global ramifications, undermining domestic security and tarnishing India’s image abroad. In such circumstances, societal and security interests decisively outweigh individual considerations,” the Court said.

Sodozey was convicted under Sections 121A, 122 and 124A of IPC, Sections 3(1) and 3(5) of TADA Act, and Section 14 of the Foreigners Act. Initially sentenced to death, his punishment was commuted to life imprisonment by the Supreme Court in 2003.

The convict argued that under the 2004 Delhi Government remission policy, the maximum incarceration period with remissions is capped at 25 years. Having served over 26 years, he claimed entitlement to release.

However, the police opposed the plea, citing his past links with Ahmed Omar Saeed Sheikh, a principal conspirator later freed in 1999 during the IC-814 hijacking, warning that his release could revive networks hostile to the State.

The Court termed the offence one of the “gravest order”, noting that the abduction was not for personal gain but to coerce sovereign authority and subvert the State, striking at the rule of law.

“The use of fear and intimidation to achieve political ends marks this case as exceptionally grave. A life convict has a right to consideration under policy, but not an absolute right to release,” the Court ruled.

It concluded that despite long incarceration, the welfare of society, national security, and public confidence remained overriding considerations under the remission framework.

Case Title: Nasir Mohd Sodozey @ Aftaab Ahmed @ Abdullah v. State Govt of NCT of Delhi