1 month ago
SC Grants Bail to IM Operatives After 12 Years
The Supreme Court of India has granted bail to two men, Mohd Saquib Ansari and Waqar Azhar, who were in jail for nearly 12 years.
The court said keeping them in jail for so long without a trial was unfair and violated their right to freedom.
The men were accused in three cases, including two in Rajasthan and one in Delhi.
The court noted that one of their co-accused was already out on bail and that the trials were moving very slowly.
The bail was granted with conditions that they must cooperate with the trial and not misuse their freedom.
The court also said its decision was only about the bail and not about whether the men are guilty or not.
The Supreme Court granted bail to two alleged Indian Mujahideen operatives after 12 years of incarceration.
The court cited a violation of the right to liberty under Article 21 due to the slow trial progress.
The petitioners were involved in three FIRs, with one co-accused already on bail in the Delhi terror case.
The Supreme Court noted overlapping allegations across the cases and that the petitioners had already received bail or suspended sentences in Rajasthan cases.
Bail conditions include cooperation with the trial and a warning against misusing liberty.
- Who
- Mohd Saquib Ansari, Waqar Azhar
- What
- Granting of bail after 12 years of incarceration
- Where
- Supreme Court of India
- When
- July 27, 2024
- Why
- Due to protracted trial and violation of right to liberty under Article 21
Pro-Bail Argument
Anti-Bail Argument
Right to Liberty
Pro-Bail Argument
The Supreme Court emphasized that the prolonged incarceration without trial violates the right to liberty under Article 21.
Anti-Bail Argument
The prosecution argues that the severity of the terror charges warrants continued detention to ensure public safety.
Trial Progress
Pro-Bail Argument
The slow progress of the trial indicates a need for bail to prevent further violation of the petitioners' rights.
Anti-Bail Argument
The prosecution contends that the complexity of the case justifies the delay and necessitates keeping the accused in custody.
Key facts
- Petitioners
- Mohd Saquib Ansari, Waqar Azhar
- Incarceration Duration
- 12 years
- Article Violated
- Article 21 (Right to Liberty)
- FIRs Involved
- 3 (2 in Rajasthan, 1 in Delhi)
- Bail Conditions
- Cooperation with trial, no misuse of liberty
- Court Observation
- Observations confined to bail petitions, not on case merits
Quotes
Bench of Justices Vikram Nath and Sandeep Mehta
Supreme Court judges
“"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"”
rediff.com
“"The progress of the trial has been extremely slow and there appears to be no prospect of the trial being concluded in the near future"”
rediff.com
Sources
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