Mumbai, Feb 18: The Bombay High Court on Tuesday said there was no concern of any “psychological trauma” to Himayat Baig, convicted in the 2010 Pune German bakery blast case, who had alleged solitary confinement in prison.
A division bench of Justices Revati Mohite Dere and Neela Gokhale said it was satisfied that Baig was not in solitary confinement, and hence refused to grant any relief.
Baig was the only person to be convicted in the case of blast in February 2010 at the German Bakery, a popular eatery in Pune. The blast killed 17 persons and left 60 others injured.
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Baig in a petition filed last year claimed he was kept in solitary confinement in the ‘Anda cell’ at the Nashik Central Prison in Maharashtra for the last 12 years.
He sought to be shifted out of solitary confinement, claiming it was affecting his mental health.
“At this stage, there is no concern about any psychological trauma on account of any indefinite solitary confinement, as alleged by the petitioner,” the court said.
The bench referred to a 2012 circular issued by the state prisons department that mandates prisoners of high security risk to be lodged in the cells of a high security barrack.
Taking note of incidents of scuffles and attacks in the prison, the HC said it is for the prison authority to ascertain the threat and security perception of the detenues.
“We are satisfied that the petitioner is not in solitary confinement and hence we see no reason to direct the jail authorities to transfer the petitioner in a general barrack with the other prisoners,” the bench said.
On Baig’s prayer seeking a direction to the jail authorities to assign him some work in prison, the court said he shall be assigned work as per the prison rules and regulations.
The Maharashtra government had earlier told the HC that as per the law, no prison in the state follows the system of solitary confinement.
As per the jail authorities, persons convicted for heinous offences, such as blasts and so on, are kept separately than others.
The jail authorities said Baig was not kept in solitary confinement and that the barrack was called ‘Anda cell’ because of its circular shape.
There is sufficient provision in the barrack for light and air and there is a long corridor for prisoners to walk and exercise, the authorities said, adding there are several other prisoners lodged in the same barrack and they all interact with each other.
In 2013, a special court in Pune convicted Baig on charges under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
The court had imposed death penalty on him.
In 2016, the HC commuted the death penalty to life imprisonment and also acquitted him of charges under the UAPA.
Six other persons have also been charge-sheeted in the case. (PTI)
