The Supreme Court on Wednesday issued notice to the Delhi Police on bail pleas of two alleged Indian Mujahideen operatives, who have been in jail for around 12 years after being arrested under the Unlawful Activities (Prevention) Act, 1967 in terror-related cases.
The Indian Mujahideen has allegedly been involved in the 2010 German Bakery blast in Pune, the Chinnaswamy Stadium blast in Bengaluru, the Jama Masjid attack in Delhi, besides some other terror cases.
A Bench of Justice Joymalya Bagchi and Justice Vipul M Pancholi asked the Delhi Police to respond to the bail pleas of accused Mohd Saquib Ansari and Waqar Azhar who have challenged the Delhi High Court’s order dismissing their bail.
The Bench said the principles enunciated by the top court in bail matters under the UAPA will govern the case.
Interestingly, the legal principle governing grant of bail in UAPA cases was referred to a larger Bench of the top court last month.
On behalf of the Delhi Police, Additional Solicitor General Anil Kaushik submitted that the high court passed a reasoned order after applying the principles from the Gulfisha Fatima case in which the top court on January 5, 2026 granted bail to five accused in the 2020 Delhi riot case and denied bail to accused Umar Khalid and Sharjeel Imam.
The Bench, however, pointed out that the Gulfisha Fatima judgment has since been referred to a larger Bench. The ruling in K.A. Najeeb (2021) case – in which it was held that prolonged delay in trial was a ground for bail—would apply with full force.
Arrested in 2014, the petitioners were convicted in separate proceedings in Rajasthan in 2021 for waging war against the state and certain offences under the UAPA and the Explosive Substances Act.
In April 2026, the Delhi High Court dismissed bail pleas of the duo allegedly involved in planning a terrorist attack in Delhi.
Prolonged incarceration by itself cannot be a standalone ground for relief under the stringent provisions of the UAPA, particularly when the material on record indicates a continuing threat.
