The Supreme Court granted bail to two men accused of running the Rajasthan module of Indian Mujahideen. The court noted the slow trial and their 12-year incarceration as a gross violation of their right to liberty under Article 21.
The Supreme Court has granted bail to two men accused of operating the Rajasthan module of the banned outfit Indian Mujahideen, who were under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
A bench of Justices Vikram Nath and Sandeep Mehta on Tuesday granted bail to Mohd Saquib Ansari and Waqar Azhar while noting the slow progress of the trial, and both have continued to remain incarcerated for the last nearly 12 years.
'Gross Violation of Right to Liberty'
"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 judgement stated.
While granting bail, the bench also noted that from January, 2025 till date, only two witnesses have been examined, one of whom has been examined only in part, and 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.
Bail Granted with Conditions
"Accordingly, we direct that the petitioners be released on bail, on such terms and conditions as may be imposed by the trial Court, in connection with FIR No.54 of 2011 dated 22nd November, 2011 registered at PS Special Cell, New Delhi, subject to their not being required in any other case," ordered the apex court.
"The petitioners shall continue to cooperate with the trial and in the event the trial court or the prosecution finds that they are delaying the conclusion of trial, failing to cooperate with the trial, or otherwise misusing the liberty granted to them, it shall be open to the prosecution to apprise the apex court of the same for appropriate orders," it added.
Case Background
Advocate Deeksha Dwivedi represented both the men in the apex court.
Ansari and Azhar had challenged the Delhi High Court's April 24 order which denied them bail. The trial court had earlier rejected their bail plea.
The High Court, while denying them bail, had observed that they were active members of the banned terrorist organisation Indian Mujahideen and key operatives responsible for running its Rajasthan module. It had further said that they had links with the outfit's leadership, not only in India but also in Pakistan.
The two were arrested by the Delhi Police Special Cell in March 2014 and charged under provisions of UAPA and IPC.
The case traces back to November 2011, when the arrest of an alleged Indian Mujahideen operative led investigators to identify several other suspects. The probe culminated in the arrest of 18 accused, including Yasin Bhatkal, and the recovery of a substantial cache of explosives, chemicals, arms and ammunition. (ANI)
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