New Delhi, July 30, 2026 : The Supreme Court of India has granted bail to two alleged Indian Mujahideen (IM) operatives, observing that their continued incarceration for nearly 12 years without the conclusion of trial amounted to a violation of their fundamental right to personal liberty under Article 21 of the Constitution.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta granted bail to Mohd Saquib Ansari and Waqar Azhar, who have remained in custody since 2014 in connection with a terror case investigated by the Delhi Police Special Cell.
Court Cites Delay in Trial
The Supreme Court noted that the trial had progressed at an extremely slow pace and there was no realistic possibility of its early completion.
The Bench observed that keeping the accused in prolonged custody without the trial concluding was “grossly violative” of their constitutional right to liberty guaranteed under Article 21.
The Court also took into account that one of the co-accused had already been granted bail in the same case.
Background of the Case
The two accused had challenged an April 2026 order of the Delhi High Court, which had denied them bail in a case registered by the Special Cell of Delhi Police in November 2011.
According to the prosecution, the case originated after the arrest of alleged Indian Mujahideen member Mohd Quateel Siddiqui in November 2011. During interrogation, Siddiqui allegedly disclosed the existence of a Rajasthan module of the outfit that was planning terror activities in and around Delhi.
Following the disclosures, investigators arrested several individuals and reportedly recovered a large quantity of explosives and ammunition.
Multiple Cases Against the Accused
The Supreme Court observed that the petitioners had been implicated in three separate FIRs, including two registered in Rajasthan, involving overlapping allegations.
The Court noted that:
- In one Rajasthan case, both accused were convicted by a trial court in March 2021, but the High Court later suspended their sentence.
- In another Rajasthan case, the trial is still pending, and both accused have already been granted bail.
Conditions of Bail
The Supreme Court directed that the two accused be released on bail in the Delhi case, subject to conditions imposed by the trial court and provided they are not required in any other case.
The Bench also instructed the accused to fully cooperate with the ongoing trial. It clarified that if they attempt to delay proceedings, fail to cooperate, or misuse the liberty granted, the prosecution would be free to approach the Supreme Court for appropriate action.
Importantly, the Court clarified that its observations were limited to deciding the bail applications and should not be treated as comments on the merits of the case or the guilt or innocence of the accused.
The ruling underscores the Supreme Court’s emphasis that prolonged pre-trial detention without a timely conclusion of proceedings cannot override the constitutional guarantee of personal liberty, while leaving the criminal trial to continue in accordance with law.
