In a significant reprimand, the Bombay High Court on Tuesday criticized the Nashik central prison authorities for their failure to appropriately consider parole for Himayat Baig, the lone convict in the infamous 2010 Pune German Bakery blast. Justices Bharati Dangre and Manjusha Deshpande expressed their displeasure, noting a “non-application of mind” in the decision-making process.
Baig, who was initially sentenced to death in 2013 under the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC) by a special court, had his sentence commuted to life imprisonment in 2016 by the High Court. Most notably, the High Court acquitted him of charges under the UAPA, though he remains convicted under other IPC provisions and the Explosives Act.
The controversy arose when Baig sought a 45-day parole to care for his seriously ill mother, a request that was denied by the Nashik prison officials on July 31, solely on the basis of his prior terror convictions. The High Court challenged this decision, emphasizing that Baig no longer falls under the categories that typically preclude eligibility for parole.
“This is complete non-application of mind. We will not only allow the parole but also impose cost on the concerned officer,” Justice Dangre stated during the hearing.
Adding to the procedural confusion, Additional Public Prosecutor Ashwini Takalkar informed the court that the prison authorities did not possess a copy of the High Court’s judgment which cleared Baig of the UAPA charges. This revelation prompted the bench to remand the matter, directing the prison authorities to reassess Baig’s parole application properly and issue an appropriate order.
Baig’s case has been a focal point of significant legal and public attention, as he was the only person convicted in connection to the blast at German Bakery, a popular eatery in Pune, which resulted in 17 deaths and over 60 injuries. The incident, part of a series of terror-related offenses in India, has seen other suspects, including Yasin Bhatkal alleged to have planted the bomb, still at large.
