The Supreme Court granted bail to two accused, Mohammad Saqib Ansari and Waqar Azhar, arrested under the Unlawful Activities (Prevention) Act (UAPA). The court said that he has been in jail for almost 12 years and there is no hope of the trial ending soon. This is a serious violation of the right to personal liberty guaranteed under Article 21 of the Constitution.
The bench of Justice Vikram Nath and Justice Sandeep Mehta ordered the release of both the accused on bail in the case registered by Delhi Police Special Cell. In this case, both the accused had challenged the April 24, 2026 decision of the Delhi High Court, which had upheld the trial court’s order rejecting their bail pleas under Section 43D(5) of the UAPA.
Interrogation of 68 witnesses
According to Lyle Law report, citing records available on the e-court portal, the Supreme Court said that the progress of the trial has been very slow. The prosecution has given a list of 197 witnesses, yet only 68 have been examined so far. Since January 2025, only two witnesses have been examined, the testimony of one of whom is incomplete.
Total 25 accused in the case
The Supreme Court said that there are 25 accused in the case, and considering the current pace, there is no possibility of the trial ending any time soon. The bench also observed that both the accused have been in custody since 2014. Apart from the Delhi case, he has either got bail or his sentence has been suspended in two other cases in Rajasthan.
Another accused Maroof has been granted bail
Additionally, a co-accused in the Delhi case, Mohammad Maroof, has already been granted bail. Keeping all these circumstances in mind, the Supreme Court held that prolonged detention of the accused cannot be justified and is a clear violation of their right to personal liberty under Article 21. As a result, the court ordered his release on bail.
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