'Not In Solitary Confinement': Bombay HC Dismisses German Bakery Blast Convict's Plea For Transfer To General Barrack In Nashik Jail

The Bombay High Court on Tuesday (February 18) dismissed the petition filed by Mirza Himayat Baig, one of the prime convicts in the German Bakery Blast Case, seeking a directive to the jail authorities to shift him from the 'Anda Cell' a high security risk barrack to the general barrack of the Nashik Central Jail. 

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale held that the petitioner was not undergoing any 'psychological trauma' as alleged by him in his letter petition to the court. It also junked his contention of being kept in 'solitary confinement.'

"Since, we are satisfied that the Petitioner is not in solitary confinement and also on the basis of the averments in the Affidavits of the Jail Superintendent, we see no reason to direct the Jail Authorities to transfer the Petitioner in a General Barrack with other prisoners. At this stage, there is no concern about any psychological trauma on account of any indefinite solitary confinement, as originally alleged by the Petitioner in his letter Petition," the judges said in the order. 

The bench noted from the affidavit filed by the Jail Superintendent of Nashik Central Prison, that a circular was issued on September 21, 2012, which categorises prisoners to be kept in specific barracks.

"The Circular mandates that the prisoners of high security risk are to be lodged in a cell in the High Security barrack. Furthermore, we find from the Affidavit that there have been incidents in the prison, of scuffles and attacks. It is for the Prison Authority to ascertain the threat and security perception in respect of the detenues in the prison," the judges said in the order.  

The bench noted from the submissions of Additional Public Prosecutor Prajakta Shinde that Baig has been kept in the 'Anda Cell' which is a 'high security wing' of the prison and its name is so only because of its circular shape. The judges noted that there is sufficient provision in the barrack for light and air and that there is a passage and a long corridor to facilitate the prisoners to walk and exercise.

"There are other prisoners also in the same barrack in other cells, who are able to interact with each other. There is provision for television and FM Radio for entertainment. There is also a facility of smart card phone inside the cell which are utilized by the prisoners to call their family members and Advocates. Court related matters can be checked at the Judicial Office of the prison. Daily newspapers and books are provided to the prisoners. The prisoners are also allowed to go out of the cell for E-mulakat and attend the Court through video conferencing," court noted from Shinde's submissions. 

It therefore, dismissed the plea. However, with regards to the second prayer made by Baig, the bench ordered the authorities to assign some work or job in consonance with the Prison Rules and Regulations. 

Background

Notably, over 17 people, including five foreign nationals, were killed in the explosion at the German Bakery, a popular eatery in Pune on February 13, 2010. In 2013 a Pune Sessions Court found Baig guilty in the case and sentenced him to death. The high court in 2016 had acquitted Baig of terror. However, the high court found him guilty of the charge of possession of explosives and confirmed life imprisonment.

According to the prosecution, Baig's alleged role was trying to radicalise witnesses and youth for jihad while he was a student in Pune. The ATS case is that in 2006, Baig invited 2 witnesses to a meeting where he praised Lashkar-e-Taiba (LeT) a banned terrorist outfit, and said associates got militant training in Pakistan. It also alleged that Baig was associated with LeT members in 2003.

Case title: Mirza Himayat Inayat Baig vs. State of Maharashtra (Criminal Writ Petition No.5741 Of 2018)

Citation: 2025 LiveLaw (Bom) 68

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