Delhi HC Rejects Plea for Early Release of Pakistani Terrorist Who Abducted Foreign Nationals

The Delhi High Court has recently rejected the plea for the premature release of Nasir Mohd. Sodozey alias Aftaab Ahmed, who is serving a life sentence for his role in the 1994 abduction of four foreign nationals carried out under the banner of the proscribed terrorist organisation Harkat-ul-Ansar. The kidnappings were aimed at compelling the Government of India to release jailed militants.

In its detailed 11-page ruling, the Court held that the gravity of the offence and national security concerns outweigh reform claims, and accordingly upheld the Sentence Review Board’s rejection of his plea.

Justice Sanjeev Narula was hearing Sodozey’s challenge to the Sentence Review Board (SRB)’s order dated June 30, 2023, which had rejected his request for early release.

Sodozey, a Pakistani national, was convicted under multiple provisions of the Indian Penal Code (Sections 364A, 121A, 122, 124), the Terrorist and Disruptive Activities (Prevention) Act (TADA), and the Foreigners Act. In 2002, he was sentenced to death by the designated TADA court. On appeal, the Supreme Court in 2003 upheld his conviction but commuted the death sentence to life imprisonment.

Sodozey sought premature release under the Delhi government’s 2004 policy on the grounds that he had undergone incarceration for over 26 years. The SRB rejected his plea, noting the gravity and perversity of the offence, the fact that it was committed as a terrorist act targeting the Indian state.

Appearing for Sodozey, counsel submitted that under the remission framework, a life convict cannot ordinarily be kept beyond 25 years, including remission. Since he has already spent over 26 years in custody, counsel maintained that he crossed the eligibility threshold and his release should have been favourably considered.

Counsel for the State opposed the plea, citing national security, maintaining that the policy does not grant an absolute right to release on completing 25 years but only eligibility for consideration. The final decision, they said, must factor in the nature of the crime, jail conduct, risk of recidivism, and societal impact.

The State also flagged national security concerns, pointing to Sodozey’s close association with Ahmed Omar Saeed Sheikh, a co-conspirator later released during the IC-814 hijacking in 1999. His release, the State warned, could rekindle networks hostile to India.

While placing emphasis on the intent behind the crime, Justice Narula said,” The petitioner, in concert with his co-conspirators, abducted and held captive four foreign nationals, not for private gain or personal animosity, but with the intent of compelling the sovereign Government of India to yield to the demands of a militant organisation.”

The judge observed that such conduct was” not merely an ordinary crime but an attack upon the very fabric of civil order, striking at the rule of law and the security of the State. The broader objective, employing fear and intimidation to secure political ends, marks this case apart from conventional offences, placing it in a category of exceptional gravity.”

The Court added that in matters of terrorism and offences against the State, public safety must override reformative claims of a convict. “In the present case, the act of abducting foreign nationals was calculated to project a threat against the sovereignty of India, with international ramifications. Such an act not only undermined domestic security but also tarnished India’s standing before the world community. Against this backdrop, the balance tilts decisively in favour of societal and national security concerns,” the judge noted

Dismissing the plea, the Court held that the gravity of the offence and the overriding demands of national security left no ground to interfere with the SRB’s decision. “It is, however, clarified that it shall remain open to the competent authorities to place the Petitioner’s case before the Sentence Review Board for future consideration in accordance with the law,” the Court said.

Case Title: Nasir Mohd. Sodozey alias Aftaab Ahmed vs State of NCT of Delhi 

Judgement Date: 21 August 2025

Bench: Justice Sanjeev Narula