
By Maktoob
The Delhi High Court on Monday granted bail to Muslim undertrial Mohammad Saqib, who has spent nearly eight years in jail in a UAPA case, noting the prolonged period of his incarceration and that the trial is still far from completion.
In its September 14 judgment, a Bench of Justices Navin Chawla and Ravinder Dudeja granted bail to Saqib, who was arrested in 2018 and booked for offences under the Unlawful Activities (Prevention) Act (UAPA), the Explosive Substances Act and the Indian Penal Code, Bar and Bench reported.
The High Court noted that Saqib had remained incarcerated as an undertrial for around eight years while there was little likelihood of the trial concluding anytime soon. Of the 120 prosecution witnesses in the case, the statements of only 40 have been recorded so far.
The National Investigation Agency (NIA) has alleged that Saqib was a member of Harkat-ul-Harb-E-Islam, described as a pro-IS group. The agency further alleged that he facilitated meetings with Jaish-e-Mohammed militants for training and procured arms for waging war against the government, reported Bar and Bench.
Saqib had earlier approached the Additional Sessions Judge at Patiala House Courts seeking bail, but his plea was rejected. He subsequently moved the Delhi High Court challenging the sessions court’s decision and seeking his release on bail.
In his plea before the High Court, Saqib argued that he was not involved in the core module of the alleged terror plot and that, at best, his alleged role was that of a peripheral participant, according to Bar and Bench.
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