The Delhi High Court has granted bail to Mohammad Saqib, an individual accused of conspiring against the Indian government, after spending nearly eight years in custody without the completion of his trial. The decision, delivered on September 14, underscores significant delays in the judicial process, as noted by the Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja.
Saqib was apprehended in 2018 under allegations of being part of Harkat-ul-Harb-E-Islam, a group purportedly aligned with the ideology of ISIS. The charges against him include violations under the Unlawful Activities (Prevention) Act (UAPA), the Explosive Substances Act, and various sections of the Indian Penal Code. Despite these serious accusations, the High Court observed that the trial proceedings were progressing at a sluggish pace, with only 40 out of 120 prosecution witnesses having testified so far.
The National Investigation Agency (NIA) has accused Saqib of facilitating meetings with Jaish-e-Mohammed operatives and acquiring arms to wage war against the state. His initial plea for bail had been denied by the Additional Sessions Judge at Patiala House Courts, prompting him to approach the High Court.
In his defense, Saqib claimed that his involvement in the conspiracy was minimal and that he was not part of the main operational module of the alleged terror plot. Countering this, the NIA argued that the extended duration of the trial should not be grounds for granting bail.
The judges noted that the evidence presented so far did not justify continuing Saqib’s detention, specifically pointing out that the severity of the situation as described by witnesses was not sufficient to prolong his imprisonment during the trial. Consequently, the High Court overturned the lower court’s decision and allowed Saqib’s release on bail.
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“Considering the witness testimonies and the allegations against the appellant, alongside the significant period of his incarceration, we find that a case for bail has been established,” the Court remarked. Nonetheless, the bail is subject to stringent conditions.
Among the conditions, Saqib is required to remain in his hometown in Hapur, with exceptions made for attending trial sessions or reporting to the NIA office in Delhi. Additionally, he must report bi-weekly to the NIA’s Lucknow office and has surrendered his passport to the trial court. Saqib is restricted to using a single mobile phone or landline and must notify the NIA and the court seven days in advance before changing his contact details or residence.
Furthermore, the Court has prohibited Saqib from disseminating any anti-national material through social media or any other means. Advocate Sarim Naved represented Saqib, while Advocates Rahul Tyagi, Priya Rai, Avinash Kumar Singh, Priyansh Raj Singh, and Amit Rohila appeared for the NIA.
