New Delhi: The Supreme Court has granted bail to two alleged members of the Indian Mujahideen’s Rajasthan module in a terror case investigated by the Delhi Police’s Special Cell, holding that their continued incarceration of nearly 12 years, coupled with the extremely slow progress of the trial, amounted to a gross violation of their fundamental right to personal liberty under Article 21 of the Constitution.
A bench of Justices Vikram Nath and Sandeep Mehta directed the release of Mohd. Saquib Ansari and Waqar Azhar on bail in connection with an FIR registered at the Special Cell, New Delhi, subject to such terms and conditions as may be imposed by the trial court and provided they are not required in any other case.
The petitioners, facing charges under various provisions of the Unlawful Activities (Prevention) Act (UAPA), the Indian Penal Code, the Explosive Substances Act, the Arms Act and the Passports Act, have been in custody since 2014.
The prosecution alleged that the case stemmed from the arrest of Pakistani national Mohd. Qateel Siddiqui in November 2011, who allegedly disclosed the existence of a Rajasthan module of the Indian Mujahideen tasked with carrying out terrorist activities in and around Delhi.
Based on the disclosures, the investigating agencies claimed to have recovered explosives and materials allegedly used for manufacturing improvised explosive devices (IEDs) from the accused persons, leading to the registration of two separate cases by the Rajasthan ATS/SOG.
In its order, the Supreme Court recorded that both petitioners had already secured relief in those Rajasthan cases.
While their convictions in one case have been stayed by the Rajasthan High Court through suspension of sentence, they have also been granted bail in the other pending case.
“The continued incarceration of the petitioners is solely on account of FIR No. 54/2011 registered at PS Special Cell, New Delhi,” the Justice Vikram Nath-led Bench recorded.
Examining the status of the Delhi trial, the apex court found that the prosecution proposed to examine 197 witnesses and that the proceedings had moved at an extremely slow pace.
“From January, 2025 till date, only two witnesses have been examined, one of whom has been examined only in part. The progress of the trial has been extremely slow, and there appears to be no prospect of the trial being concluded in the near future,” the order said.
0Referring to the overall circumstances, including the relief already granted to the petitioners in the Rajasthan cases and the pace of the Delhi trial, the Supreme Court held that continued detention could no longer be justified.
“Having regard to the overall facts and circumstances… coupled with the slow progress of trial, we feel that the continued incarceration of the petitioners in this case is grossly violative of the right to liberty enshrined under Article 21 of the Constitution of India,” the bench said.
Without expressing any opinion on the merits of the allegations, the Supreme Court directed that the petitioners be released on bail, subject to their not being required in any other case. It further directed the petitioners to continue cooperating with the trial and said that if they delayed the proceedings, failed to cooperate, or otherwise misused the liberty granted to them, it would be open to the prosecution to approach the Supreme Court for appropriate orders.
The bench made it clear that its observations were confined to the adjudication of the bail pleas and should not be construed as an expression on the merits of the pending criminal trial.
(IANS)
