Nine convicted in the Best Bakery case may be transferred to Vadodara Central Jail in Gujarat, provided the authority there gives an assurance that they would be made available for hearing in the Bombay High Court.
A division bench of Justice B.H. Marlapalle and Justice A.V. Mohta on
Thursday directed the inspector general (prisons) to initiate correspondence with their counterpart in Gujarat.
“We may send them, but is the Gujarat government willing to accept them in their prison?” asked Justice Marlapalle.
On February 24, 2006, a special court in Mumbai had convicted nine persons for attacking Best Bakery in Hanuman Tekri area of Vadodara killing 14 people. The convicts had sent a letter to the HC from the Kolhapur prison, where they are lodged, seeking a transfer to Vadodara since their relatives were unable meet them.
Their advocate Murtuza Najmi argued in the HC that as per the prison manual, convicts’ family can visit them once in a month.
“Their family members are unable to travel every month,” argued Najmi.
Additional public prosecutor Ajey Gadkari opposed the application saying if the convicts abscond it would be difficult to trace them, as they would not be the state government’s custody.
The SC had a doubt over if they would be available when the HC starts hearing their appeal if transferred to Gujarat. But it also observed that they could not be deprived of their constitutional rights.
“We are not aware of furlough rules of the Gujarat government.
Some precautionary steps will have to be taken,” remarked Justice Marlapalle.