Daijiworld Media Network - New Delhi

New Delhi, Jul 29: 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, observing that their prolonged incarceration and slow pace of trial amounted to a violation of their fundamental right to personal liberty under Article 21 of the Constitution.

A Bench comprising Justices Vikram Nath and Sandeep Mehta directed the release of Mohd. Saquib Ansari and Waqar Azhar on bail in connection with an FIR registered by the Special Cell, New Delhi, subject to conditions imposed by the trial court and provided they are not wanted in any other case.

The two accused have been in custody since 2014 and face charges under provisions of the Unlawful Activities (Prevention) Act (UAPA), Indian Penal Code, Explosive Substances Act, Arms Act and Passports Act.

The prosecution alleged that the case originated from the arrest of Pakistani national Mohd. Qateel Siddiqui in November 2011, who allegedly revealed the existence of an Indian Mujahideen Rajasthan module involved in planning terror activities in and around Delhi.

Based on the investigation, agencies claimed to have recovered explosives and materials allegedly used for making improvised explosive devices (IEDs), leading to cases being registered by the Rajasthan ATS/SOG.

The Supreme Court noted that both petitioners had already received relief in the Rajasthan cases. Their conviction in one matter has been stayed by the Rajasthan High Court through suspension of sentence, while bail has also been granted in another 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 Bench observed.

While examining the status of the Delhi trial, the apex court noted that the prosecution had listed 197 witnesses, but the proceedings had progressed at a very 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 court said.

Considering the prolonged detention, slow trial proceedings and relief already granted in related Rajasthan cases, the Supreme Court held that their continued incarceration could not 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.

The court clarified that it had not examined the merits of the allegations and that its observations were limited only to the bail applications.

The petitioners were directed to cooperate with the trial proceedings. The Supreme Court also said that if they delay the trial, fail to cooperate or misuse the liberty granted, the prosecution would be free to approach the court for appropriate action.