Mumbai: The Bombay High Court on Tuesday rapped the Nashik central prison authorities for “non-application of mind” in refusing parole to Himayat Baig, who was sentenced to life in prison for his role in the German Bakery blast case in Pune in 2010.
The court had warned to impose a cost on the authorities for rejecting parole merely on the grounds that Baig was convicted on terror charges. The court noted that he was acquitted from the charges under the stringent Unlawful Activities Prevention Act (UAPA) and also for criminal conspiracy of the Indian Penal Code (IPC).
In 2013, the special court convicted Baig under UAPA and other IPC charges and sentenced him to death. The HC, in 2016, acquitted him from UAPA charges and commuted his death sentence to life in prison.
In April, Baig filed an application before Nashik prison seeking parole for 45 days as his mother was seriously ill. The prison authorities rejected his application after nearly three months, on July 31. He challenged this before the HC.
On Tuesday, the HC remarked that Baig was convicted only under the charges of IPC and Explosives Act. “Why was it rejected? He is not convicted under UAPA charges or even criminal conspiracy. He does not fall under the exception prescribed under the Rules for parole and furlough,” a bench of Justices Bharati Dangre and Manjusha Deshpande said. It added: “This is complete non-application of mind. We will not only allow the parole but will also impose a cost on the concerned officer.”
State advocate Ashwini Takalkar informed the bench that when the prison authorities rejected his parole, they did not have the HC judgment acquitting him under UAPA. The judges have remanded that matter back and asked the prison authorities to consider Baig’s parole application afresh.
In February 2010 a bomb went off in the German Bakery in Pune in which 17 people were killed and at least 60 persons were injured. Baig was the only person to be convicted in the case. Six accused were charge-sheeted in the case, including Yasin Bhatkal, who is alleged to have planted the bomb, are still absconding.
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