Supreme Court – Daily Orders
Mohd. Saquib Ansari vs State Nct Of Delhi on 27 July, 2026
Author: Vikram Nath
Bench: Vikram Nath
ITEM NO.4 COURT NO.2 SECTION II-D
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)
No(s). 11369/2026
[Arising out of impugned final judgment and order
dated 24-04-2026 in CRLA No. 0095/2025 passed by
the High Court of Delhi at New Delhi]
MOHD. SAQUIB ANSARI PETITIONER(S)
VERSUS
STATE NCT OF DELHI RESPONDENT(S)
IA No. 179981/2026 - EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT
IA No. 179980/2026 - EXEMPTION FROM FILING O.T.
WITH
SLP(Crl) No. 11414/2026 (II-D)
IA No. 180493/2026 - EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT
IA No. 180491/2026 - EXEMPTION FROM FILING O.T.
Date : 27-07-2026 These matters were called
on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE SANDEEP MEHTA
For Petitioner(s) :Mr. Trideep Pais, Sr. Adv.
Ms. Deeksha Dwivedi, Adv.
Ms. Sakshi Jain, Adv.
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2026.07.28
1
17:28:04 IST
Reason:
Ms. Saloni Ambasta, Adv.
Mr. Fahad M. Khan, Adv.
Mr. Nilesh Jain, Adv.
Mr. Paras Nath Singh, AOR
For Respondent(s) :Mr. Anil Kaushik, A.S.G.
Mr. Shreekant Neelappa Terdal, AOR
Mr. Pranjal Singh, Adv.
Ms. Alka Aggarwal, Adv.
Mr. Rajan Kumar Chourasia, Adv.
Mr. Kartikay Asthana, Adv.
UPON hearing the counsel
the Court made the following
O R D E R
1. The petitioners are in custody in
connection with FIR No. 54 of 2011 dated
22nd November, 2011 registered at Police
Station Special Cell, New Delhi for the
offences punishable under Sections 471,
489B, 489C, and 120B of the Indian Penal
Code, 1860; Section 25 of the Arms Act,
1959; Sections 17, 18, 18A, 18B, 19 and 20
of the Unlawful Activities (Prevention)
Act, 1967; Sections 3, 4, and 5 of
Explosive Substances Act, 1908; and
Section 12 of the Passports Act, 1967.
2. The respective applications for bail
preferred by the petitioners under Section
SLP(Crl)No(s). 11369/2026
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43D(5) of the Unlawful Activities
(Prevention) Act, 1967 came to be rejected
by the learned trial Court. The appeals
preferred thereagainst under Section 21 of
the National Investigation Agency Act,
2008, questioning the orders passed by the
learned trial Court were dismissed by the
High Court of Delhi by a common judgment
and order dated 24th April, 2026. Aggrieved
thereby, the petitioners have approached
this Court by way of the present Special
Leave Petitions.
3. We have heard and considered the
submissions advanced by learned counsel
for the petitioners, and Mr. Anil Kaushik,
learned Additional Solicitor General
appearing for the State (NCT of Delhi) and
have perused the record.
4. The Special Cell, during the course of
investigation in the said FIR, arrested a
Pakistani national, Mohd. Qateel Siddiqui,
on the intervening night of 21st/22nd
November, 2011. During the course of
SLP(Crl)No(s). 11369/2026
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investigation, the said Mohd. Qateel
Siddiqui allegedly made disclosures
regarding the establishment of a Rajasthan
Module of the Indian Mujahideen to carry
out terrorist activities in and around
Delhi and further disclosed that its
members were in possession of consignments
of explosives.
5. Pursuant to the said information, the
premises of the petitioner-Mohd. Saquib
Ansari at Jodhpur were searched on 23rd
March, 2014, during which gunpowder,
ammonium nitrate, detonators and other
articles allegedly used for the
preparation of explosive devices were
recovered and seized. These articles were
handed over to the Rajasthan ATS,
consequent to which, a separate case being
FIR No. 113/2014 came to be registered at
PS Pratap Nagar, Jodhpur, for the offences
punishable under Sections 4, 5 and 6 of
the Explosive Substances Act, 1908;
Sections 16, 17, 18, 18A, 18B, 19, 20, 23
SLP(Crl)No(s). 11369/2026
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and 38 of the Unlawful Activities
(Prevention) Act, 1967; and Sections 120B,
121, 121A, 122, 212, 465, 468 and 471 of
the Indian Penal Code, 1860.
6. Likewise, explosives and IED-making
materials were recovered from the
possession of co-accused Waqar Azhar
[petitioner in SLP (Crl.) No.11414 of
2026] at Jaipur.
7. The recovered articles were handed
over to the Rajasthan ATS/SOG, leading to
the registration of FIR No. 03/2014 at
Police Station CID/SOG, Jaipur, initially
for the offences punishable under Sections
4 and 5 of the Explosive Substances Act,
1908; Sections 3, 10, 13, 16, 18 and 20 of
the Unlawful Activities (Prevention) Act,
1967 read with Section 120B of the Indian
Penal Code, 1860.
8. The petitioners were formally arrested
in connection with all the three FIRs
during the year 2014 itself and have
remained in custody ever since. They have
SLP(Crl)No(s). 11369/2026
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been granted bail in connection with the
cases registered at Rajasthan as per
details given below.
9. In the case arising out of FIR No. 03
of 2014 registered at Police Station
CID/SOG, Jaipur, both the petitioners came
to be convicted by the learned trial Court
vide judgment dated 30th March, 2021 for
various offences punishable under the
provisions of the Indian Penal Code, 1860,
the Explosive Substances Act, 1908 and the
Unlawful Activities (Prevention) Act,
1967. Upon conviction, the learned trial
Court awarded different terms of
substantive imprisonment for the
respective offences, including rigorous
imprisonment for ten years under various
provisions of the Explosive Substances
Act, 1908 and the Unlawful Activities
(Prevention) Act, 1967, as also under
Sections 121A and 122 of the Indian Penal
Code, 1860. The maximum sentence imposed
upon the petitioners was imprisonment for
SLP(Crl)No(s). 11369/2026
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life for the offence punishable under
Section 121 of the Indian Penal Code,
1860.
10. The sentence awarded to the
petitioner-Mohd. Saquib Ansari has,
however, been suspended by the High Court
of Rajasthan vide order dated 6th
September, 2024.
11. The trial arising out of FIR
No.113/2014 registered at PS Pratap Nagar,
Jodhpur is still pending. However, the
petitioner-Mohd. Saquib Ansari has been
granted bail in the said case by the High
Court of Rajasthan vide order dated 7th
November, 2024.
12. Likewise, the sentence awarded to
petitioner-Waqar Azhar in FIR No.03/2014
has also been suspended by the High Court
of Rajasthan, and he has also been granted
bail in FIR No.113/2014.
13. Both the petitioners herein continue
to remain incarcerated in connection with
FIR No.54 of 2011 registered at Police
SLP(Crl)No(s). 11369/2026
7
Station Special Cell, New Delhi for the
last nearly 12 years with no prospect of
an early conclusion of the trial.
14. One of the co-accused, namely, Mohd.
Maroof, who is also facing trial with the
petitioners in the present case, has
already been enlarged on bail.
15. Having appreciated the submissions
advanced at bar, and upon going through
the record, we find that the petitioners
have, more or less, been implicated in
three separate FIRs for overlapping
allegations.
16. In FIR No. 03/2014 registered at
Police Station CID/SOG, Jaipur, both the
petitioners were convicted, and their
sentences have since been suspended by the
High Court. Both the petitioners have also
been granted bail in connection with FIR
No.113/2014 registered at PS Pratap Nagar,
Jodhpur. Consequently, the continued
incarceration of the petitioners is solely
on account of FIR No. 54/2011 registered
SLP(Crl)No(s). 11369/2026
8
at PS Special Cell, New Delhi. We have
checked the status of the trial from the
proceedings available on the e-Courts
Services Portal. An application for bail
preferred by co-accused Mohd. Kafeel came
to be rejected by the learned trial Court
vide order dated 20th July, 2026, wherein
it has been noticed that the examination
of PW-68 was continuing out of the 197
prosecution witnesses proposed to be
examined. The proceedings further reveal
that from January, 2025 till date, only
two witnesses have been examined, one of
whom has been examined only in part. The
progress of the trial has been extremely
slow, and there appears to be no prospect
of the trial being concluded in the near
future.
17. As per the counter-affidavit of the
respondents, as many as 25 accused have
been arrested in the present case. Having
regard to the overall facts and
circumstances, particularly the fact that
SLP(Crl)No(s). 11369/2026
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the co-accused Mohd. Maroof has already
been enlarged on bail; that the sentences
of both the petitioners have been
suspended in the case arising from FIR No.
03/2014 registered at PS CID/SOG, Jaipur
wherein they were convicted by the special
Court at Rajasthan; that the petitioners
have been granted bail in connection with
the FIR No.113/2014 registered at PS
Pratap Nagar, Jodhpur; coupled with the
slow progress of trial, we feel that 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.
18. Accordingly, we direct that the
petitioners be released on bail, on such
terms and conditions as may be imposed by
the trial Court, in connection with FIR
No.54 of 2011 dated 22nd November, 2011
registered at PS Special Cell, New Delhi,
subject to their not being required in any
other case.
SLP(Crl)No(s). 11369/2026
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19. It is made clear that the observations
made herein are confined to the
adjudication of the present petitions
seeking bail and shall not be construed as
an expression on the merits of the case
pending before the trial Court.
20. The petitioners shall continue to
cooperate with the trial. In the event the
trial Court or the prosecution finds that
the petitioners are delaying the
conclusion of trial, failing to cooperate
with the trial, or otherwise misusing the
liberty granted to them, it shall be open
to the prosecution to apprise this Court
of the same for appropriate orders.
21. The Special Leave Petitions and
pending applications are disposed of
accordingly.
(NEETU KHAJURIA) (RANJANA SHAILEY)
ASTT.REGISTRAR-CUM-PS ASSISTANT REGISTRAR
SLP(Crl)No(s). 11369/2026
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