Daijiworld Media Network - Mumbai
Mumbai, Dec 4: A special NIA court has rejected terror-accused Shamil Nachan’s request to be transferred back to Taloja Central Prison from Nagpur Central Prison, following a violent altercation within the jail premises. The court observed that returning Nachan could trigger serious law and order problems, particularly of a communal nature.
“…there are a total of 11 accused in this case… It is quite risky to keep all the accused in the same prison because, on one or more occasions in a day, the accused may gather in jail and again may create a law and order problem in the jail, and the safety and security of themselves and co-accused, in every probability, would be compromised seriously,” Special Judge C.S. Baviskar noted.
The judge also criticized Taloja jail authorities for transferring Nachan to Nagpur without prior court approval, calling it a “serious lapse” and highlighting the legal requirement to obtain permission before such transfers.
Nachan faces multiple charges investigated by the National Investigation Agency (NIA), including criminal conspiracy, theft to commit offences, and violations under the Unlawful Activities (Prevention) Act (UAPA), the Arms Act, and the Explosive Substance Act. The NIA contends that the alleged offences pose a direct threat to national security.
In his plea, Nachan sought to return to Taloja, requested a judicial inquiry into injuries he reportedly sustained, and sought CCTV footage from Barrack No. 1 of the prison dating July 18, 2025. The jail authority opposed the plea, stating that Nachan and co-accused Irfan Landge were the aggressors in the incident, allegedly assaulting another co-accused, Girish Nair, with a sharp-edged tin piece hidden under a pillow. Following the incident, Nachan and Landge were transferred to Nagpur, while Nair was moved to Yerawada Prison in Pune. CCTV footage, the authorities reported, was unavailable.
The court rejected the request for a judicial inquiry, noting that measures had already been taken to separate the individuals involved in the fight. Regarding CCTV footage, the judge stated that since it was unavailable, there was no question of reviewing it.
Highlighting Nachan’s background and alleged network of associates, the judge stated that transferring him for security reasons, even if not strictly legal, was justifiable. The court also noted that videoconferencing facilities are available, and the accused can be produced physically before the court if necessary.
“The physical presence of the accused becomes incumbent… they can be brought before this court and then lodged in a nearby prison. At this moment, there is no urgency to transfer…accused from Nagpur Central Prison to Taloja Central Prison, Navi Mumbai, as prayed,” the court concluded.