"Consider Long-Term Impact On Mental Health": Bombay HC To State On German Bakery Blast Convict's Plea Against Alleged Solitary Confinement
The Bombay High Court on Thursday asked the jail authorities of Nashik Central Prison to reconsider the request of Mirza Himayat Baig, a convict in the 2010 German Bakery Blast in Pune, to shift him out of the Anda Cell in Nashik, where he is allegedly kept in solitary confinement.
A division bench of Justices Revati Mohite-Dere and Shyam Chandak asked the jail authorities to consider the "long-term impact" of such confinement on the convict.
"Madam, you need to reconsider this or else we will decide the issue. He cannot be kept like this for 12 years. Consider the long-term impact it will have on his mental and physical health," Justice Mohite Dere told Additional Public Prosecutor Prajakta Shinde.
To this, Shinde responded saying that the jail authorities are taking proper care of Baig and that he is not kept in the prison alone.
"There are more 17 persons in the same high security prison. All life care facilities are made available to him and others. He cannot say that he is kept in a solitary confinement," Shinde said.
The prosecutor further told the bench that the authorities have ensured his access to fresh air, light etc. She also cited a notification issued by the State which prohibits mingling of persons convicted under serious offences like terrorism, blasts etc.
She further said that Baig was lodged in a high security prison - Anda Cell, and thus he cannot claim to have been kept in solitary confinement.
The contention was however, disputed by advocate Mujahid Ansari, who represented Baig.
Having heard the submissions, the judges ordered Shinde to file an additional affidavit spelling out the stand of the authorities on the issue.
"Let the affidavit also state what facilities are being provided in the said cell," the bench said while adjourning the matter for three weeks.
Notably, an Anda Cell is an oblong shaped, high security barrack, where criminals involved in blasts and terrorist activities are usually lodged. Baig has been in the said prison from last 12 years.
The bench had in an earlier hearing, asked the prison authorities to consider the fact that Baig has already spent 12 years in the said prison.
Baig had relied upon a 2022 recommendation made by the then Superintendent of Prisons, to shift him outside the Anda Cell to some other high security prison.