The Supreme Court has granted bail to two alleged Indian Mujahideen operatives after nearly 12 years in custody, ruling that their continued imprisonment amid a slow-moving trial violated the constitutional right to personal liberty.A bench of Justices Vikram Nath and Sandeep Mehta ordered the release of Mohd Saquib Ansari and Waqar Azhar in a case registered by the Delhi Police Special Cell. The court said there was no immediate prospect of the trial ending despite the length of their incarceration.
The July 27 order overturned an April 24 Delhi High Court judgment that had rejected their bail applications. The Supreme Court described their continued detention as “grossly violative” of the right to liberty guaranteed under Article 21 of the Constitution.
Ansari and Azhar were arrested in March 2014 in connection with an investigation originating from a November 2011 first information report. They were charged under Sections 18, 18A, 19 and 20 of the Unlawful Activities Act, along with provisions of the penal law relating to alleged forgery and the use of false documents.
The allegations include membership of the banned Indian Mujahideen, participation in a terrorist conspiracy and assistance to wanted members of the organisation. Investigators accused the two men of operating parts of the group’s Rajasthan network and maintaining contact with senior figures associated with the outfit.
The Supreme Court made clear that the bail decision did not amount to an assessment of the allegations or evidence. Its observations were confined to the question of whether further detention could be justified while the prosecution remained unable to indicate when the trial would finish.
The bench noted that the two men had been implicated in three separate cases involving substantially overlapping allegations. Apart from the Delhi proceedings, cases were registered in Jaipur and Jodhpur, where courts had already suspended sentences or granted bail after considering the long period spent in custody.
Their release in the Delhi case will be subject to conditions imposed by the trial court. They must continue to cooperate with the proceedings and cannot attempt to delay the trial, influence witnesses or misuse the liberty granted to them.
The prosecution may approach the Supreme Court for cancellation of bail if either accused violates the conditions or obstructs the proceedings. Their release will also depend on whether they are required to remain in custody in any other case.
The ruling marked a reversal of the approach taken by the Delhi High Court, which had considered the accusations, seizures and alleged organisational links serious enough to outweigh the prolonged detention.
The High Court had described Ansari and Azhar as active members of the banned organisation and key figures in its Rajasthan module. It cited allegations that they had distributed extremist material, provided bomb-making training and remained connected with the outfit’s leadership across the border.
Investigators also alleged that explosives, chemicals, detonators, electronic equipment, weapons and components used for improvised explosive devices were recovered during the wider investigation. Azhar was separately accused of experimenting with chemicals and castor seeds to manufacture poison for use against potential targets.
The defence disputed the prosecution’s reliance on recoveries made in cases registered outside Delhi. It argued that the Delhi case did not involve the seizure of explosives and that other accused facing comparable charges had already obtained bail.
The lawyers also pointed to the structure of the original prosecution. Of 25 people named as accused, 11 had pleaded guilty and one had died, leaving 13 to face trial. Charges against Ansari and Azhar were framed in August 2017, more than three years after their arrests.
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