The Supreme Court on Wednesday granted bail to two alleged Indian Mujahideen operatives, Mohd Saquib Ansari and Waqar Azhar, stating that their prolonged incarceration without the likelihood of an early trial conclusion was a violation of their fundamental right to liberty under Article 21 of the Constitution. The bench of Justices Vikram Nath and Sandeep Mehta observed that the trial had progressed extremely slowly and there appeared to be no immediate possibility of its completion.

The two accused had been in custody since 2014 in connection with a terror case registered by the Special Cell of the Delhi Police in November 2011. Challenging an April order of the Delhi High Court that denied them bail, Ansari and Azhar approached the Supreme Court, which considered the duration of their custody and the status of the ongoing proceedings before granting relief.

The apex court noted that the petitioners were involved in three separate FIRs, including two cases registered in Rajasthan, and had remained behind bars for nearly 12 years. The bench observed that the allegations in the cases were largely overlapping and also pointed out that one of their co-accused had already been granted bail. In one Rajasthan case, both accused were convicted by a trial court in March 2021, but their sentences were later suspended by the High Court.

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The Supreme Court directed that the two accused be released on bail in the Delhi case on conditions to be determined by the trial court, provided they are not required in any other matter. The court instructed them to cooperate with the ongoing trial and clarified that if they attempt to delay proceedings, fail to cooperate, or misuse the liberty granted to them, the prosecution can approach the court for further action.

The bench also made it clear that its observations were limited only to the consideration of the bail applications and should not be treated as comments on the merits of the case. Earlier on June 17, the Supreme Court had sought a response from the Delhi Police regarding the bail pleas filed by the two accused.

The case originated after the arrest of alleged Indian Mujahideen member Mohd Quateel Siddiqui in November 2011, following which investigators claimed to have received information about a Rajasthan module of the organisation allegedly planning terror activities in and around Delhi. Based on the investigation, the Delhi Police Special Cell arrested several individuals and recovered explosives and ammunition as part of the probe.

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