New Delhi, October 3 - The Supreme Court has decided to take another look at the 2007 Ajmer Dargah blast case, issuing a notice to the State of Rajasthan on a plea by Syed Sarwar Chishty, Khadim of the Ajmer Dargah Sharif. Chishty has challenged the Rajasthan High Court’s decision that upheld the acquittal of seven men earlier cleared by a special NIA court.
The notice came from a bench of Justice Sanjay Kumar and Justice Sandeep Mehta, marking a fresh turn in one of Rajasthan’s most politically and communally sensitive cases.
Background
The Ajmer Dargah blast of October 11, 2007, had left three people dead and several injured during evening prayers at one of India’s holiest Sufi shrines. The National Investigation Agency (NIA) later filed charges against multiple accused linked to right-wing extremist groups.
In 2017, a Special NIA Court convicted Devendra Gupta and Bhavesh Patel while acquitting seven others - Lokesh Sharma, Chandrashekhar Leve, Mukesh Vasani, Harshad alias Munna alias Raj, Nabakumar Sarkar alias Swami Aseemanand, Mafat alias Mehul, and Bharat Mohanlal Rateshwar.
The complainant’s appeal against these acquittals, filed in 2017, remained unheard for nearly five years before being dismissed by the Rajasthan High Court in May 2022, citing a 1135-day delay. The High Court ruled that such delay could not be condoned beyond the 90-day limit set under Section 21(5) of the National Investigation Agency (NIA) Act.
Court’s Observations
Hearing the fresh Special Leave Petition, the Supreme Court appeared inclined to examine whether the High Court had adopted an overly rigid interpretation of the law.
Senior Advocate Abhay Mahadeo Thipsay, representing Chishty, argued that the strict 90-day appeal bar under Section 21(5) unfairly denies victims their right to challenge acquittals in NIA cases. He pointed out that this limitation creates an “unreasonable disparity” between NIA cases and regular criminal proceedings.
The bench took note of the argument that such an interpretation could violate Articles 14 and 21 of the Constitution - the rights to equality and fair trial. “If the statute is read so strictly that it blocks justice even before it begins, the law itself needs rethinking,” the bench observed during the brief hearing.
The petition also drew the Court’s attention to precedents such as Mangu Ram v. Municipal Corporation of Delhi and Mohd. Abaad Ali v. Directorate of Revenue Intelligence, which emphasise that the right to appeal forms an essential part of the right to life and liberty under Article 21.
Decision
After hearing the submissions, the Supreme Court issued notice to the State of Rajasthan, seeking its response on why the appeal against the acquittal should not be restored.
The Court’s order effectively revives the debate over victims’ access to justice in terror cases where procedural timelines have often overshadowed substantive rights.
The matter will now be listed for further hearing in the coming weeks. For now, the apex court’s move has reignited hope among the victims’ families and the Ajmer Dargah community that the long-delayed pursuit of justice may yet continue.
Case Title: Syed Sarwar Chishty v. State of Rajasthan
Type of Petition: Special Leave Petition (SLP) under Article 136 of the Constitution
Diary No.: 51829/2025
Court: Supreme Court of India
Bench: Justice Sanjay Kumar and Justice Sandeep Mehta
Date of Order: October 3, 2025