German Bakery blast: Bombay HC rejects convict’s plea on solitary confinement, says ‘no concern about psychological trauma’
Mirza Himayat Baig, a convict in the German Bakery blast case, had sought a transfer out of alleged solitary confinement in the ‘anda cell’ of Nashik Central Prison.
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The court, while rejecting the plea, noted that it was satisfied that the petitioner was not in solitary confinement, therefore there was no reason to direct transfer of petitioner to general barrack. (File Photo)
The Bombay High Court on Tuesday dismissed a plea by Mirza Himayat Baig, a convict in the 2010 Pune German Bakery blast case, alleging that he was put in solitary confinement in Nashik Central Prison for 14 years, causing him psychological problems, including depression.
A bench of Justices Revati Mohite-Dere and Neela K Gokhale observed that “at this stage there is no concern about any psychological trauma on account of any indefinite solitary confinement as alleged by the petitioner”. It added that with regard to his prayer that he wants to work, he may be assigned work as per prison rules and regulations.
In 2018, Baig had filed a plea and sought that he be lodged in general barrack with other petitioners and that he be provided with appropriate work in the prison as he belonged to an economically marginalised family.
Advocate Mujahid Ansari, who was appointed by the Legal Services Committee to represent Baig, submitted that the high court had acquitted the petitioner of conspiracy charges and convicted him only for possession of explosive material. Baig sought a transfer out of alleged solitary confinement in the ‘anda cell’ – a high-security prison cell called ‘anda cell’ because its oblong shape resembles that of an egg.
Additional Public Prosecutor Prajakta P Shinde for the state prison authorities stated that as per a 2012 circular, the state government had prohibited mingling of prisoners facing terror charges with others and therefore the plea be rejected due to security reasons.
Shinde submitted that Baig was not detained in solitary confinement and he is kept in a high security wing of prison known as ‘anda cell’, which is like any other barrack and there is sufficient provision in the barrack for light and air. She said there is a passage and a long corridor to facilitate him to walk and exercise.
She said there were other prisoners in the same barrack in other cells, who were able to interact with each other. There is a provision for television and FM radio for entertainment and smart card phone facility to call family members and lawyers, among other provisions, she added. The state therefore said there was no violation of any constitutional or human right of the petitioner and his plea was misconceived and same be dismissed.
The court, while rejecting the plea, noted that it was satisfied that the petitioner was not in solitary confinement, therefore there was no reason to direct transfer of petitioner to general barrack.
Seventeen people, including five foreign nationals, were killed in the explosion at German Bakery, a popular eatery in Pune’s Koregaon Park, on February 13, 2010. The Pune Sessions Court had convicted Baig in April 2013.
In January last year, the high court had granted bail to Baig in the Nashik terror plot case registered by the Maharashtra Anti-Terrorism Squad in 2010. However, Baig could not be released as he had not been granted relief in the German Bakery blast case.
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