By TwoCircles.net Staff Reporter,
Mumbai: Allowing the jail transfer petition, the Bombay High Court has directed Maharashtra government to shift the lone convicted person in the 2010 German Bakery blast case to Nagpur Central Jail.
Mirza Himayat Baig, 32, who is at presently lodged in Pune’s Yerwada prison, had filed a petition before the High Court alleging the environment in the Pune’s Yerwada prison as “hostile” and claimed that he feared to be killed as was his co-accused Qateel Siddique, 28, who was murdered in August 2012 inside the Yerwada prison by two hardened criminals.
(Courtesy: globalmarathi.com)
Baig had requested to be shifted to any other prison, preferably Mumbai’s Arthur Road prison, as he has to attend the hearing for his appeal before Bombay High Court against his conviction. He was convicted to death by Pune’s Sessions Court in 2012 for his alleged involvement in German Bakery blast in February 2010. His appeal against conviction is pending before the Bombay High Court.
In reply to Baig’s petition, the state government had submitted that Baig was safe in Yerwada prison and has to be kept either in Yerwada Prison or in Nagpur prison where death row convicts are lodged.
“All the convicts sentenced to death penalty in Maharashtra are lodged either at Yerawada Central Prison in Pune or at the Nagpur Central Prison. It is only the under-trials and those sentenced for lesser than capital punishment who are lodged at other jails near Mumbai – Thane, Taloja and Kalyan jails. The applicant can thus be lodged at either Yerawada Central Prison or can be shifted to Nagpur Central Prison. Both these prisons have video-conferencing facilities, enabling the applicant to attend hearings,” Yogesh Desai, Superintendent, Yerwada Prison, had submitted to the court.
After listening to Baig’s counsel Mahmood Pracha, Public Prosecutor Raja Thakarey and Maharashtra prison authority, the division bench of justices V M Kanade and A R Joshi on Monday ordered state to transfer Baig to Nagpur Central Prison in order to ensure his safety.
“Transfer the accused to Nagpur jail. Take measures to ensure his safety,” the divisional bench remarked.
After the order was pronounced, Ishrat Khan, assistant lawyer of Advocate Pracha said, “We are happy that the honourable High Court has finally taken note of my client’s sufferings.”
Anjum Inamdar, a city-based activist and president of the Mulniwasi Muslim Manch, who had received a letter from Baig informing about the purported assault on him inside Yerwada jail on February 19, has expressed happiness over the HC decisions.
Speaking with TwoCircles.net he said, “He (Baig) is entitled to be provided with safety inside prison. We are happy that the Court has taken his application seriously. Now we expect him to come out clean in the appeal against conviction as he has already been provided clean chit by three other agencies in the case.”
Related:
German Bakery blast convict alleges assault in Yerwada prison; father seeks immediate transfer
German Bakery blast convict fear for his life in Yerwada Jail; Appeals to Bombay HC for transfer