Mumbai: The Bombay High Court on Tuesday ruled that there was no concern regarding any psychological trauma suffered by Himayat Baig, the convict in the 2010 Pune German Bakery blast case, who had alleged that he had been kept in solitary confinement for 12 years.
A bench of Justices Revati Mohite-Dere and Neela Gokhale refused to grant Baig any relief, saying: “At this stage, there is no concern of any psychological trauma as alleged by the petitioner (Baig).”
Baig, who has been lodged in Nashik Central Prison, had filed a petition last year claiming that his prolonged confinement was affecting his mental health. He sought to be moved out of solitary confinement and requested work inside the prison.
His advocate argued that Baig had been acquitted of conspiracy charges and was convicted only for possession of explosive material. He has already spent 14 years in incarceration and is kept in the ‘Anda Cell’, which, he claimed, amounted to solitary confinement. “There is no security risk in the general barracks and as such, no harm will be caused if he is shifted,” his advocate contended.
The Maharashtra government, however, stated that Baig was not in solitary confinement but lodged in the High-Security Wing, known as the ‘Anda Cell’, due to the nature of his conviction. “The name ‘Anda Cell’ is only because of the circular shape of the barracks. There is sufficient provision for light and air, a passage and a corridor for walking and exercise,” the state submitted.
The prison authorities also informed the court that inmates in the barrack have access to television, FM radio, newspapers, books, and smart card phones for contacting family and advocates. E-mulakat and video conferencing for court hearings are also available.
The court noted a 2012 circular that mandates high-security prisoners be housed in specific barracks. Given past incidents of violence in the prison, the court stated that security concerns should be left to prison authorities. “We see no reason to direct the Jail Authorities to transfer the Petitioner to a General Barrack with other prisoners,” the bench ruled.
Regarding Baig’s request for work, the court ruled that “The Petitioner may be assigned work/job in consonance with the Prison Rules and Regulations for the time being in force.”
In 2013, a special court in Pune convicted Baig on charges of Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code and sentenced him to death. In 2016, HC commuted the death penalty to life imprisonment and also acquitted him from the UAPA charges.
Baig was the only person to be convicted in the February 2010 blast at the German Bakery, a popular eatery in Pune. The blast killed 17 persons and injured 60 others. Six others charge-sheeted in the case, including Yasin Bhatkal.
