The Delhi High Court on Monday granted bail to a man accused of waging war against the government of India. The bench of Justice Navin Chawla and Justice Ravinder Dudeja granted bail to Mohammad Saqib in the case titled Mohammad Saqib@ Saqib Iftekar vs NIA. Saqib was arrested in 2018 and booked under the Unlawful Activities (Prevention) Act, the Explosive Substances Act, and the Indian Penal Code.
The court observed that Saqib has been in jail as an undertrial for almost eight years and the trial against him was far from over. It noted that out of 120 prosecution witnesses, statements of only 40 witnesses have been recorded so far. The court stated that it did not prima facie find statements of witnesses in the case “grave enough” to prolong Saqib’s detention.
According to the judgment passed on September 14, the trial in the case was unlikely to end soon. The bench also stated that though the material allegedly recovered from Saqib’s phone is serious, it does not warrant continuation of his detention for now. Saqib’s bail plea was earlier rejected by the Additional Sessions Judge at Patiala House Courts. He moved the High Court for relief after that rejection.
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The National Investigation Agency (NIA) alleged that Saqib was a member of a pro-IS group called Harkat-ul-Harb-E-Islam. The agency also claimed he facilitated meetings with Jaish-e-Mohammed militants for training and procured arms for waging war against the government.
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.
Bail conditions and legal representation
Advocate Sarim Naved appeared for Saqib. The bench set aside the sessions court’s order and granted bail to Saqib. The court imposed various bail conditions on him. Saqib has been directed 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.
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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. The court said he is allowed to use only one mobile phone and/or a landline until the completion of his trial. He cannot change his contact details or residence without intimating the NIA and the trial court seven days in advance.
Advocates Rahul Tyagi, Priya Rai, Avinash Kumar Singh, Priyansh Raj Singh and Amit Rohila appeared for the NIA. The court further stated he must not share or circulate any “anti-national material” on social media or otherwise.
