New Delhi: The Supreme Court has sought a response from Delhi Police on the bail pleas of two men accused under the Unlawful Activities (Prevention) Act (UAPA), who have remained in jail for more than 12 years in connection with a terror conspiracy case linked to an alleged illegal arms and ammunition factory in Delhi.
A bench comprising Justices Joymalya Bagchi and Vipul M. Pancholi issued notice on the petitions filed by Mohd Saquib Ansari and Waqar Azhar. The two accused were arrested in 2014 and later faced conviction in separate proceedings in Rajasthan in 2021 for offences including waging war against the state, UAPA violations, and offences under the Explosive Substances Act.
During the hearing, counsel representing Delhi Police argued that the Delhi High Court had passed a reasoned order while rejecting bail and had applied principles from the Gulfisha Fatima judgment. The Supreme Court questioned this argument and observed that the judgment referred to remains under consideration.
The bench pointed to the 2021 K.A. Najeeb ruling, which held that prolonged incarceration and delays in trial may serve as grounds for granting bail in UAPA cases. The judges stated that the ruling would have relevance in the present matter, subject to its interpretation in related cases.
In April 2026, the Delhi High Court refused bail to the two accused, holding that long incarceration alone does not justify relief under the stringent provisions of the UAPA when available material suggests an ongoing threat.
The wider legal debate over bail under the UAPA remains unsettled. On May 22, the Supreme Court referred questions concerning earlier bail rulings in the Delhi riots conspiracy cases to a larger bench, citing differing judicial interpretations regarding prolonged imprisonment and bail rights under the anti-terror law.
