Key Facts
The Supreme Court on Wednesday (June 17, 2026) sought a response from Delhi Police on the bail pleas of two alleged Indian Mujahideen operatives, who have been in jail for around 12 years in connection with terror cases. A bench of Justices Joymalya Bagchi and Vipul M. Pancholi issued a notice to Delhi Police on the pleas of Mohd Saquib Ansari and Waqar Azhar, challenging the denial of bail by the Delhi High Court.
Details of the Case
The bench said the principles laid down by the court in January, in which several Delhi riot accused were granted bail and activist Umar Khalid and Sharjeel Imam were denied bail for one year, will govern the case. Additional Solicitor General Anil Kaushik, appearing for Delhi Police, said the high court order denying bail was a reasoned one, and had applied the principles laid down in the Gulfisha Fatima judgement (January 5, 2026).
The bench said, “What reasoned order? The judgement referred to is pending for reference. What are you saying? The K A Najeeb case will apply with all force here, subject to the way it has been interpreted in the Gulfisha Fathima case. You will have to file a counter.” The K.A. Najeeb case of 2021 recognised long delay in trial as a ground for bail in cases under the Unlawful Activities (Prevention) Act, overriding the statutory restrictions on bail under Section 43D(5) of the Act.
Background of Arrests
Mr. Saquib and Mr. Azhar were arrested in 2014 pursuant to an FIR registered by the Special Cell of Delhi Police. The case originated when Mohd Quateel Siddiqui, an alleged member of Indian Mujahideen, was apprehended on November 21, 2011, near the Anand Vihar inter-state bus terminal in Delhi. During interrogation, he disclosed the names of other persons, believed to be members of Indian Mujahideen, a banned terrorist outfit.
The Indian Mujahideen was involved in several terrorist incidents, including the German Bakery Blast in Pune in 2010, Chinnaswami Stadium blast in Bengaluru in 2010, and the Jama Masjid attacks in Delhi in 2010. Based on the disclosures made and information received, the Special Cell arrested several individuals and seized a large quantity of explosives, arms and ammunition.
High Court's Earlier Decision
While denying bail to the accused, the Delhi High Court said on April 24 that even though they may have been in incarceration for a long period, their release posed a big threat to national security and safety.
What This Means
The Supreme Court's notice indicates that the top court is considering the applicability of the K.A. Najeeb precedent, which could potentially lead to bail for the accused if the trial continues to be delayed. The case highlights the tension between national security concerns and the right to a speedy trial.
FAQ
Who are the two alleged Indian Mujahideen operatives seeking bail?
Mohd Saquib Ansari and Waqar Azhar, who have been in custody for about 12 years.
What legal principle did the Supreme Court rely on?
The court cited the K.A. Najeeb case (2021), which allows bail due to long trial delays even under UAPA.
What was the Delhi High Court's reason for denying bail?
The High Court held that releasing the accused would pose a threat to national security.