A special National Investigation Agency (NIA) court on Thursday rejected a plea filed by Shamil Saquib Nachan, an accused in the 2023 Pune ISIS module case, seeking transfer from Byculla prison to a high-security cell or another jail, observing that there was no material to indicate any immediate threat to his life.
Special judge Chakor S. Baviskar, while refusing interim relief, noted that Nachan is currently the only accused in the case lodged at Byculla prison, which reduces the possibility of confrontation with co-accused. The court observed that in cases involving multiple accused with a history of rivalry, prison authorities intentionally house them in different prisons to maintain law and order.
The court took note of Nachan’s claim that he was assaulted in Taloja Central Prison in July 2025, after which he was shifted to Nagpur prison and later brought to Mumbai for trial. However, the court found that no such untoward incident had taken place in Byculla prison and noted that he is currently lodged separately from other accused in the case.
While Byculla prison authorities had stated that they had no objection to transferring him to another prison due to overcrowding, the court observed that overcrowding is a common issue in other prisons as well and that this alone cannot be a ground for transfer. The court also noted that there is no high-security enclosure at Byculla prison, further weakening the basis of the plea. The court therefore rejected the application.
Nachan is one of the 11 accused in the 2023 Pune ISIS module case being investigated by the NIA under provisions of the Unlawful Activities (Prevention) Act, Indian Penal Code, Arms Act and Explosive Substances Act. According to the prosecution, the accused were part of an ISIS-linked conspiracy involving fabrication and testing of improvised explosive devices (IEDs) and conducting training sessions at a rented premises in Pune’s Kondhwa area, allegedly with the objective of carrying out terrorist acts and waging war against the Government of India.
