Delhi High Court grants bail to UAPA accused in custody for 8 years

The Delhi High Court on Monday granted bail to a man accused of waging war against the government of India, observing that he has been in jail as an undertrial for almost eight years and the trial against him was far from over [Mohammad Saqib@ Saqib Iftekar vs NIA].

In the judgment passed on September 14, the Bench of Justice Navin Chawla and Justice Ravinder Dudeja granted bail to one Mohammad Saqib who was booked in 2018 for offences under the Unlawful Activities (Prevention) Act (UAPA), the Explosive Substances Act and the Indian Penal Code.

The Court observed that the trial in the case was unlikely to end soon and Saqib had already spent around eight years in jail. It noted that out of 120 prosecution witnesses, statements of only 40 witnesses have been recorded so far.

Saqib was arrested in 2018 in the case. The National Investigation Agency (NIA) alleged that he was a member of a pro-IS group called Harkat-ul-Harb-E-Islam, had facilitated meetings with Jaish-e-Mohammed militants for training and procured arms for waging war against the government.

Saqib’s bail plea was earlier rejected by the Additional Sessions Judge at Patiala House Courts. Therefore, he moved the High Court for relief.

In his bail plea, Saqib pleaded that he was not involved in the core module of the terror plot and was, at best, only a peripheral participant.

The NIA opposed the bail plea, adding that a mere delay in the conclusion of the trial cannot be a reason to grant Saqib bail.

The Court stated that it did not prima facie find statements of witnesses in the case “grave enough” to prolong Saqib’s detention. It also stated that though the material allegedly recovered from Saqib’s phone is serious, it does not warrant continuation of his detention for now.

The Court proceeded to set aside the sessions court’s order and granted bail to Saqib.

“Having considered the statements of the witnesses and the allegations against the appellant, and being moved particularly by the long period of incarceration of the appellant, we are of the opinion that the appellant has been able to make out a case for being released on bail,” the Court stated.

The Court also imposed various bail conditions on Saqib. Among other conditions, it directed Saqib not to travel out of his native place in Hapur, except to travel to Delhi to attend the trial against him or report at the NIA office. He has been directed to report to the NIA's Lucknow office once every fortnight.

Saqib was also directed to surrender his passport to the trial court. Moreover, the Court said that he is allowed to use only one mobile phone and/or a landline until the completion of his trial, and cannot change his contact details or residence without intimating the NIA and the trial court seven days in advance.

The Court further stated that he must not share or circulate any “anti-national material” on social media or otherwise.

Advocate Sarim Naved appeared for Saqib.

Advocates Rahul Tyagi, Priya Rai, Avinash Kumar Singh, Priyansh Raj Singh and Amit Rohila appeared for the NIA.

[Read judgment]