New Delhi, 18 June (H.S.):

The Supreme Court on Wednesday issued a notice to the Delhi Police while hearing the bail petitions of two alleged Indian Mujahideen operatives who have remained in judicial custody for the past 12 years. A vacation bench headed by Justice Joymalya Bagchi directed the Delhi Police to respond to the pleas.

The bail petitions have been filed by Mohammad Saqib Ansari and Waqar Azhar.

During the hearing, the Delhi Police opposed the bail applications, contending that the Delhi High Court had passed a well-reasoned order after due consideration. The police submitted that the High Court had correctly applied the principles laid down in the Gulfisha Fatima judgment while rejecting the accused persons' bail pleas.

The Supreme Court, however, observed that its ruling in the K.A. Najeeb case, which held that prolonged delay in the conclusion of a trial constitutes a valid ground for granting bail even in cases under the Unlawful Activities (Prevention) Act (UAPA), would also be applicable in the present matter. The Court thereafter directed the Delhi Police to file its response to the bail petitions.

The case pertains to an alleged terrorist conspiracy involving an illegal arms and ammunition manufacturing unit. Both accused were arrested in 2014.

In 2021, they were convicted by a Rajasthan court in separate cases for waging war against the nation and for offences under various provisions of the UAPA and the Arms Act.

In April this year, the Delhi High Court refused to grant them bail in a separate case relating to an alleged terrorist conspiracy in Delhi. Aggrieved by that decision, the two accused approached the Supreme Court seeking bail.

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Hindusthan Samachar / Jun Sarkar