The Supreme Court has granted bail to two alleged Indian Mujahideen operatives, stating that their 12-year incarceration without trial conclusion violates the fundamental right to liberty under Article 21.
Key Takeaways
- The SC emphasized that prolonged detention without trial violates Article 21.
- Petitioners Mohd Saquib Ansari and Waqar Azhar were in custody since 2014.
- The court noted a lack of prospects for the early conclusion of the Delhi terror trial.
- Bail is subject to conditions and does not reflect on the merits of the case.
New Delhi: In a significant ruling regarding personal liberty, the Supreme Court of India has granted bail to two alleged Indian Mujahideen operatives, Mohd Saquib Ansari and Waqar Azhar. A Bench comprising Justices Vikram Nath and Sandeep Mehta observed that their continued incarceration for nearly 12 years was "grossly violative" of the right to liberty guaranteed under Article 21 of the Constitution.
The petitioners had been in custody since 2014 in connection with a terror case registered by the Delhi Police Special Cell. The Bench noted that the trial has progressed extremely slowly, with no foreseeable end in sight, making continued detention unjustifiable under the principle of speedy justice.
Why This Matters
BozokMedia analysis shows that this judgment reinforces the judiciary's role as a watchdog against procedural delays in high-stakes terrorism cases. It establishes a vital precedent that even in matters involving national security, the constitutional mandate of personal liberty cannot be sidelined by administrative or investigative lethargy.
Incarceration without the conclusion of a trial effectively becomes a form of punishment without conviction.
The case traces back to 2011, following disclosures made by an alleged operative regarding a Rajasthan module. While the accused faced multiple FIRs across different states, the court observed that they had already been granted relief or faced different outcomes in other related matters, further justifying their release in the Delhi-centric case.
Frequently Asked Questions
1. On what grounds did the Supreme Court grant bail?
The primary ground was the violation of the right to liberty under Article 21 due to the extremely slow progress of the trial over 12 years.
2. Does this bail mean the accused are innocent?
No, the Court explicitly stated that its observations are confined to the bail petition and are not an expression on the merits of the case.