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NEW DELHI: The Supreme Court has granted bail to two alleged Indian Mujahideen operatives who have been in custody since 2014, holding that their prolonged incarceration without the trial nearing completion was a violation of their fundamental right to liberty under Article 21 of the Constitution.A bench of Justices Vikram Nath and Sandeep Mehta granted relief to Mohd Saquib Ansari and Waqar Azhar, who had challenged an April order of the Delhi high court rejecting their bail pleas in a terror case registered by the Delhi Police Special Cell in November 2011.In its July 27 order, the apex court observed that the two accused had spent nearly 12 years in custody with little progress in the 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 also noted that the trial had progressed at an extremely slow pace and there was no immediate prospect of its conclusion. It further pointed out that one of the co-accused had already been granted bail.Court notes overlapping FIRsThe Bench observed that the petitioners had been arrested in connection with three FIRs, including two registered in Rajasthan, and had remained in custody since 2014.It said the allegations in the three cases substantially overlapped. “Having appreciated the submissions advanced at bar and upon going through the record, we find that the petitioners have, more or less, been implicated in three separate FIRs for overlapping allegations,” the court said.Bail subject to conditionsThe court directed that Ansari and Azhar be released on bail in connection with the Delhi case on terms and conditions to be decided by the trial court, provided they are not required in any other case.The Bench directed the accused to continue cooperating with the trial and said the prosecution would be free to approach the Supreme Court if they attempted to delay proceedings, failed to cooperate or misused the liberty granted to them.The court also clarified that its observations were limited to deciding the bail applications and should not be treated as comments on the merits of the case.Background of the caseAnsari and Azhar had challenged the Delhi high court’s April 24 order rejecting their bail pleas after the trial court had also denied them relief.While refusing bail, the high court observed that the two were active members of the banned terrorist organisation Indian Mujahideen and key operatives of its Rajasthan module. It also noted that they allegedly had links with the outfit’s leadership in both India and Pakistan.The duo was arrested by the Delhi Police Special Cell in March 2014 and booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
