MUMBAI: Bombay HC on Tuesday rejected a petition by Mirza Himayat Baig, who was convicted in the 2010 Pune German Bakery blast case, to shift him to a general barrack from solitary confinement.
“At this stage, there is no concern about any psychological trauma on account of any indefinite solitary confinement,” said Justices Revati Mohite Dere and Neela Gokhale. Baig was convicted in April 2013 and sentenced to death. In March 2016, the HC commuted it to life imprisonment.
Baig wrote a letter in 2018, through Nashik Road Central Prison, and urged to provide him work to contribute towards the livelihood of his economically marginalised family. Advocate Mujahid Ansari, who was appointed to represent Baig, said he suffered 14 years of incarceration. He is lodged in an “anda cell.” He is kept in solitary confinement and is mentally disturbed because of the cell. Ansari said no harm would be caused if he is shifted to general barracks where there is no security risk.
Prosecutor Prajakta Shinde said the “anda cell”, a high-security wing, is like any other barrack. It has sufficient light and air. There is a passage and long corridor for the prisoner to exercise. There are also other prisoners who can interact with each other. A TV and FM radio are provided for entertainment. Daily newspapers and books are provided to prisoners. There is a facility of a smart card phone in the cell to call family members and advocates and even an e-mulakat facility.
The judges perused a Sept 2012 circular that mandates high-risk prisoners to be lodged in specific cells/barracks. Taking note of the State’s affidavit that there have been incidents in the prison of scuffles and attacks, they said, “it is for the prison authority to ascertain threat and perception in respect of the detenues.” “Since we are satisfied that the petitioner is not in solitary confinement, we see no reason to direct the jail authorities to transfer the petitioner to a general barrack,” they added. They directed that Baig “may be assigned work in consonance with prison rules/regulations.”