Delhi High Court refuses to transfer JeM Militant Abdul Baba from Tihar to Srinagar Jail

The Delhi High Court recently refused to transfer a Jaish-e-Mohammad (JeM) militant Abdul Majeed Baba from Tihar Jail to his native State Jail, i.e. Srinagar, Central Jail.

The JeM militant has been convicted under Sections 120B (criminal conspiracy), 121A, 122 (Collecting arms), 123 (Concealing with intent to facilitate design to wage war) of the Indian Penal Code, and Sections 17(Punishment for raising funds for a terrorist act), 18 (Punishment for conspiracy, etc), 20  (Punishment for being a member of terrorist gang or organization), 21(holding proceeds of terrorism), 23 (threatening witnesses) of the Unlawful Activities (Prevention) Act, 1967.

The plea filed by Baba, claimed that he is 66 years old, has multiple ailments, and his health is deteriorating with each passing day. It also stated that his family members, two daughters aged 18 and 20 years, a son aged 26 years, and his mother, are unable to visit him frequently from Kashmir, and being close to his family would aid his recovery.

While refusing to transfer the JeM militant, Justice Poonam A. Bamba observed that as per the advisory issued by the Ministry of Home Affairs, Government of India in 2015, the government has to be cautious in the transfer of high-risk prisoners convicted in terror-related cases taking into account the security implications of such transfers in both, the transferring and the receiving state/UT.

The single-judge bench stated, "There is apprehension of law and order repercussions if the petitioner is transferred to Srinagar Central Jail based on previous conduct, facts and circumstances of the case, and other inputs".

Pressing for Baba's transfer, the counsel for Baba contended that Rules 664 and 672 of the Delhi Prison Rules, 2018 provide for the transfer of prisoners on humanitarian and medical grounds and that Baba thus deserved to be transferred to Srinagar Central Jail. He further submitted that on September 24, 2021, Baba’s application for transfer to Srinagar Jail was denied by the Lieutenant Governor of Delhi.

On the contrary, the counsel for the State contended that Baba is a hard-core militant of the banned terrorist organization Jaish-e-Mohammad (JeM) and during the pendency of his appeal before the High Court, when he was released on bail, he had absconded. It was also submitted that Baba remained absconding on purpose for a long time, and repeated Non-Bailable Warrants (NBWs) could not be executed for six years, from 2013 to 2019.

The Counsel also submitted that later, given the gravity of the situation, the Commissioner of Police declared a reward of Rs. 2 lakhs for his arrest, and thereafter, on May 11, 2019, Baba was arrested in Srinagar, Jammu, and Kashmir. Furthermore, it was contended that given his previous behavior, Baba has a good chance of escaping from any other jail.

The court noted that Rules 664 and 672, Delhi Prison Rules, 2018 provide that the prisoner may be transferred from one prison to another on medical and humanitarian grounds with prior approval of the State Government.

“However, in view of the above facts and circumstances and taking into account the apprehension of law and order repercussions expressed by the State pursuant to the evaluation of the security risk in the transfer of the petitioner from Central Jail Tihar, Delhi to Srinagar Central Jail, this court is not inclined to grant the prayer of the petitioner”, the court observed.

On the concern of the JeM militant's health, Justice Bamba stated that he is being provided due medical care and treatment in the Tihar, Central Jail. Furthermore, the court directed the Superintendent Jail to ensure that requisite treatment/medical care to Baba are continued to be provided. Accordingly, court disposed of the petition.

Case Title: Abdul Majeed Baba v. State (NCT of Delhi) & Ors.