Introduction:

In a recent development at the Bombay High Court, a division bench comprising of Justices Revati Mohite-Dere and Shyam Chandak addressed the plea of Mirza Himayat Baig, a convict in the 2010 German Bakery Blast in Pune. Baig petitioned to be moved out of the Anda Cell at Nashik Central Prison, citing concerns over solitary confinement and its impact on his well-being.

Arguments of Both Sides:

The hearing saw heated arguments from both sides. The prosecution, represented by Additional Public Prosecutor Prajakta Shinde, asserted that Baig was not in solitary confinement as he shared the high-security prison with 17 others. Shinde emphasized that all necessary facilities, including access to fresh air and light, were provided, in accordance with state regulations prohibiting mingling of serious offenders.

On the contrary, Baig’s advocate, Mujahid Ansari, contended that despite being housed with others, the conditions in the Anda Cell amounted to solitary confinement due to its stringent security measures and prolonged isolation. Ansari highlighted Baig’s plea based on a prison superintendent’s recommendation to relocate him to another high-security facility outside the Anda Cell.

Court’s Judgment:

After deliberating on the arguments presented, the bench led by Justice Mohite-Dere expressed concern over the prolonged confinement of Baig in the Anda Cell for 12 years. The judges directed the prison authorities to reconsider Baig’s request, urging them to assess the long-term implications of such confinement on his mental and physical health. They instructed the prosecution to submit a detailed affidavit outlining the facilities provided in the cell and the stance of the authorities on Baig’s plea within three weeks.