The Bombay High Court sharply criticized Nashik central prison officials for their “non-application of mind” in denying parole to Himayat Baig, the sole convict in the 2010 Pune German Bakery blast case.
A division bench, consisting of Justices Bharati Dangre and Manjusha Deshpande, warned the authorities that they might impose penalties for refusing parole solely because Baig was convicted of terror charges.
The court noted that Baig had been acquitted of the terror charges under the Unlawful Activities (Prevention) Act (UAPA) and criminal conspiracy under the Indian Penal Code (IPC) during an appeal. Although Baig was originally sentenced to death in 2013 under UAPA and IPC by a special court, the High Court in 2016 reduced his sentence to life imprisonment and cleared him of the UAPA charges.
The bench highlighted that Baig is currently serving his sentence under other IPC provisions and the Explosives Act. Baig approached the High Court after the Nashik prison authorities rejected his July 31 request for 45 days of parole to be with his seriously ill mother.
The court questioned the rejection, stating, “Why was it rejected? He is not convicted under UAPA or even (for) criminal conspiracy. He does not fall under the exception prescribed under the rules for parole and furlough.” Justice Dangre added, “This is complete non-application of mind. We will not only allow the parole, but also impose costs on the concerned officer.”
Additional public prosecutor Ashwini Takalkar informed the court that the prison authorities did not have a copy of the High Court’s judgment, which acquitted Baig of UAPA charges. The bench then sent the case back to the prison authorities, instructing them to reconsider the application and issue a proper order.
Baig remains the only person convicted in connection with the February 2010 blast at German Bakery, a popular spot in Pune, which killed 17 people and injured 60 others. Six other individuals charged in the case, including Yasin Bhatkal, who is alleged to have planted the bomb, are still on the run.
