German bakery blast: HC rejects convict plea seeking transfer from ‘solitary confinement’

The division bench of justices Revati Mohite Dere and Dr Neela Gokhale noted that Baig’s appeal was misconceived and there was no violation of any rights, constitutional or human

MUMBAI: The Bombay high court on Tuesday dismissed a petition filed by Mirza Himayat Inayat Baig, a convict in the 2010 German Bakery bomb blast case, seeking to be transferred from a high-security isolated cell to the general barracks, claiming it was negatively impacting his mental health.

Mirza Himayat Hinayat Baig, a con-conspirator in the German bakery blast. Baig was held guilty on several counts including criminal conspiracy and murder. HT Photo (Hindustan Times)

The division bench of justices Revati Mohite Dere and Dr Neela Gokhale noted that Baig’s appeal was misconceived and there was no violation of any rights, constitutional or human. The bench said it was satisfied with the prosecution’s position that Baig didn’t need to be transferred to the general barracks as he wasn’t in solitary confinement as claimed, but rather in a high-security cell with sufficient provisions and facilities. “There is no concern about any psychological trauma,” the court said.

Baig, an accused in the February 2010 bomb blast at the popular Pune eatery, in which 17 people were killed and 60 others injured, has been lodged at the Nashik Road Central Jail for the last 14 years. He was convicted by a trial court in Pune in April 2013 for offences punishable under the erstwhile Indian Penal Code (IPC) and the Terrorists and Disruptive Activities (Prevention) Act (Tada). He was initially sentenced to death before the Bombay high court commuted the sentence to life imprisonment in 2016. The Maharashtra government then filed an appeal in the Supreme Court against the high court verdict. The matter is still pending before the Supreme Court.

In 2023, Baig filed a petition in the high court claiming he was being kept in solitary confinement, which was affecting his mental health. He requested to be shifted to the general barracks with other prisoners, saying there was no security risk.

Advocate Mujahid S Ansari, representing Baig, highlighted that his client had been acquitted of the conspiracy charges and was only convicted for possession of explosive material. Underscoring Baig’s financial background, Ansari also urged the court to provide him with a job in the prison so that he could contribute towards his family’s livelihood.

Additional public prosecutor Prajakta Shinde opposed Baig’s plea by drawing the court’s attention to the affidavits submitted by the superintendent of the Nashik Road Central Jail in December 2022 and July 2024, which said that the prisoner was not actually detained in solitary confinement but rather in a high-security wing known as the Anda Cell, which is like any other barrack. “The name Anda Cell is only because of the circular shape of the barracks”, she told the court.

Shinde said that prisoners facing terror charges are prohibited from mingling with others, adding that there is sufficient light and air in the Anda Cell. “There is a passage and a long corridor to facilitate the prisoner to walk and exercise. There are other prisoners in the same barrack in other cells, who are able to interact with each other,” she said.

Shinde also told the court that Anda Cell prisoners have facilities like a television and FM radio for entertainment, and are allowed to call their family members and advocates. “Daily newspapers and books are provided to the prisoners. The prisoners are also allowed to go out of the cell for e-mulakat (video meetings) and attend the court through video conferencing,” she said.

Satisfied that Baig was not in solitary confinement, the court found no basis to direct the jail authorities to transfer him to 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”, the court said, while directing the authorities to assign Baig a job in prison in accordance with the prison rules and regulations.