Delhi HC orders premature release of life convict lodged in Bangladesh

The Delhi High Court has ordered the premature release of Asif, also known as Naeem, a life convict currently lodged in a prison in Bangladesh. Asif, a Bangladeshi national, was repatriated to Bangladesh in 2021.

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He was sentenced to life imprisonment in January 2010 for a murder committed during a dacoity. The conviction stemmed from a case registered in 2004 at Mansarovar Park.

The High Court has directed that the concerned jail authority in Bangladesh, through official channels, ensure compliance without avoidable delay. His request for premature release was rejected by the Delhi government in July 2025. Thereafter, a petition was moved before the Delhi High Court. He was in custody for more than 21 years.

SRB Rejection Deemed 'Arbitrary'

Justice Sanjeev Narula set aside the order of the Sentence Review Board (SRB) of July 30, 2025 and ordered the premature release of Asif. The high court set aside the order of SRB, which had rejected the plea of Asif on various grounds.

"The Petitioner is considered fit for premature release under the applicable framework, on the basis of the material on record, including the commutation roll reflecting satisfactory prison conduct," Justice Sanjeev Narula said in the judgement of February 17.

Justice Narula directed that the Government of NCT of Delhi shall, within two weeks, process the case for issuance of the consequential orders and shall, through the Ministry of Home Affairs and the Ministry of External Affairs, communicate the decision to the concerned authorities in Bangladesh for implementation in accordance with the bilateral arrangement.

While setting aside the order of SRB, Justice Narula said, "Considering the material placed before the Court, the Petitioner satisfies the eligibility threshold for consideration under the applicable framework, and there is no adverse material of conduct or antecedents which would justify continued incarceration on the ground of future risk. The SRB's refusal is therefore unsustainable as an arbitrary exercise of discretion, resting on conjecture and the gravity of the offence alone, contrary to the policy and the Rules."

Repatriation Arrangement No Hurdle to Relief

The bench also clarified that the repatriation arrangement does not stand in the way of relief. The governing statute preserves the operation of the law relating to suspension, remission and commutation, and the bilateral framework recognises that the power to grant remission or commutation vests with the transferring State.

" The enforcement of the sentence may be carried out in the receiving State, but the decision to remit the unexpired portion, once taken in accordance with the applicable policy, is capable of being communicated through the designated governmental channels for implementation," Justice Narula said.

Case History and Previous Rejections

Convict Asif had filed a petition through advocate Sarthak Maggon. It was stated by the counsel that the SRB had declined the Petitioner's request for premature release in 2024. The Petitioner approached the High Court against the order. The High court on 23rd May, 2025, set aside the rejection order. The SRB was directed to reconsider the case strictly in accordance with the applicable policy of 16th July 2004 and the Delhi Prison Rules, 2018, and to pass a reasoned decision within the stipulated time. Again, the SRB declined his premature release on the basis of a report that no family member was found at the address in New Seemapuri, Delhi. (ANI)