The Delhi High Court has granted bail to a man accused in a UAPA case after noting that he had spent nearly eight years in custody as an undertrial, while the prosecution’s case was still nowhere close to conclusion.
A Bench of Justices Navin Chawla and Ravinder Dudeja, in its September 14 judgment, granted bail to Mohammad Saqib, who was arrested in 2018 in a case involving allegations under the Unlawful Activities (Prevention) Act, the Explosive Substances Act and the Indian Penal Code.
The Court took particular note of the slow progress of the trial. Of the 120 witnesses proposed by the prosecution, only 40 had been examined so far, making it unlikely that the proceedings would conclude in the near future.
Saqib was accused by the National Investigation Agency (NIA) of being associated with Harkat-ul-Harb-E-Islam, a group alleged to be aligned with the Islamic State. The agency alleged that he helped facilitate meetings with Jaish-e-Mohammed militants for training and procured weapons as part of a conspiracy to wage war against the government.
His earlier request for bail had been rejected by the Additional Sessions Judge at Patiala House Courts, prompting him to approach the High Court.
Before the High Court, Saqib argued that he was not part of the alleged terror plot’s core module and that his alleged role was, at most, peripheral.
The NIA opposed his release, contending that the mere passage of time or delay in completing the trial could not by itself justify bail.
The High Court, however, found that the circumstances of the case warranted his release. It observed that the witness statements placed before it did not, at the preliminary stage, appear sufficiently grave to justify keeping Saqib incarcerated indefinitely.
The judges also considered the material allegedly recovered from his mobile phone. While describing the material as serious, the Court held that it did not, at this stage, justify continuing his detention after such a prolonged period.
The Court consequently set aside the sessions court’s earlier order and granted Saqib bail, stressing the considerable period he had already spent in custody and the slow pace of the trial.
The release comes with stringent restrictions.
Saqib has been directed to remain within his native Hapur, except when travelling to Delhi for court proceedings or when required to report to the NIA. He must also report to the NIA office in Lucknow once every two weeks.
He has been ordered to surrender his passport and can use only one mobile phone and/or a landline until the trial concludes. Any change in his telephone number or residential address must be communicated to the NIA and the trial court at least seven days in advance.
The Court has also prohibited him from sharing or circulating any “anti-national material” through social media or any other medium.
The bail order does not amount to a finding on the allegations against Saqib, which will be tested during the trial.
