Supreme Court Releases Terror Suspects Citing Decade-Long Pretrial Delay
Justices Vikram Nath and Sandeep Mehta ruled that the prolonged detention of two Indian Mujahideen suspects without a trial conclusion violates constitutional protections. The pair had been in custody since 2014 across multiple jurisdictions.
Article 21 and the Breach of Liberty
The Supreme Court of India ordered the release of two men accused of operating within the Indian Mujahideen, citing a major violation of Article 21 of the Constitution. Justices Vikram Nath and Sandeep Mehta determined that the nearly 12-year incarceration of Mohd Saquib Ansari and Waqar Azhar without a finished trial constituted a gross infringement on the right to liberty. The Bench noted that the proceedings have moved at an extremely slow pace, with no resolution expected soon.
Overlapping Charges and Judicial History
The legal history of Ansari and Azhar involves three separate First Information Reports (FIRs) containing similar allegations. While the immediate bail concerns a 2011 case filed by the Delhi Police Special Cell, the history includes two cases in Rajasthan. In one Rajasthan case, the pair faced conviction in March 2021, though higher courts later suspended their sentences. In the second Rajasthan case, bail had already been granted. The Supreme Court emphasized several factors in its decision:
- The petitioners had been in continuous custody since 2014.
- A co-accused in the same matter had already secured bail.
- The current trial in Delhi shows no signs of concluding in the near future.
Conditions of Release and Prosecution Safeguards
The court directed the trial court to establish specific conditions for the bail. While the suspects are now permitted to leave custody, the Supreme Court mandated their full cooperation with the ongoing trial. The prosecution retains the right to approach the apex court for a revocation of bail if the defendants attempt to stall proceedings or misuse their freedom. This ruling originated from appeals against an April decision by the Delhi High Court, which had initially denied the pair's request for release. The underlying case involves allegations from 2011 regarding the formation of a Rajasthan-based terror module intended to target the national capital region.
Source: The Hindu — National
