The Supreme Court has granted bail to Mohd. Saquib Ansari and Waqar Azhar, observing that their continued incarceration for almost 12 years without the likelihood of an early conclusion of trial violated their fundamental right to personal liberty under Article 21 of the Constitution. The Court clarified that its observations were limited to deciding the bail plea and should not influence the pending trial.
Background of the Case
The petitions arose from FIR No. 54 of 2011, registered by the Special Cell, Delhi, involving offences under the Indian Penal Code, the Unlawful Activities (Prevention) Act (UAPA), the Explosive Substances Act, the Arms Act and the Passports Act. The petitioners had challenged the Delhi High Court's order dated April 24, 2026, which upheld the trial court's refusal to grant them bail.
During the hearing, the Court noted that both petitioners had also faced prosecution in two Rajasthan cases arising out of related allegations. In one matter, their sentences had already been suspended by the Rajasthan High Court, while in another they had been granted bail. As a result, they continued to remain in custody only because of the Delhi FIR.
Court's Observations
A Bench of Justice Vikram Nath and Justice Sandeep Mehta examined the status of the ongoing trial and found that progress had been extremely slow. The Court noted that although 197 prosecution witnesses were proposed, only two witnesses had been examined since January 2025, with one of them examined only partly.
The Bench also took note that one co-accused had already been granted bail and that the petitioners had spent nearly 12 years in custody.
Observing the prolonged delay, the Bench said,
"The continued incarceration of the petitioners in this case is grossly violative of the right to liberty enshrined under Article 21 of the Constitution of India."
Supreme Court's Decision
Allowing the petitions, the Supreme Court directed that both petitioners be released on bail on terms and conditions to be fixed by the trial court, provided they were not required in any other case. The Court further directed them to cooperate with the trial and made it clear that the prosecution would be free to approach the Court if they attempted to delay proceedings or misused the liberty granted.
The Bench also clarified that its findings were confined to the bail proceedings and should not be treated as an opinion on the merits of the criminal case pending before the trial court.
Case Details
Case Title: Mohd. Saquib Ansari v. State NCT of Delhi (With Connected Matter)
Judge: Justice Vikram Nath and Justice Sandeep Mehta
Decision Date: 27 July 2026
