A special court in Mumbai has approved bail for two individuals, Naquee Ahmed Shaikh and Haroon Naik, who have been incarcerated for nearly 15 years in connection with the Mumbai triple blasts case. The decision was made on Friday.

Judge S R Navander noted that the defendants have been in judicial custody for around 15 years. He highlighted that although 203 witnesses have been interviewed, there are still over 100 witnesses left to be examined. He concluded that, even with a swift trial process, it would take a significant amount of time to complete the proceedings. As a condition for their release, the court mandated that they execute a bond of Rs 1 lakh with reliable sureties.

The blasts occurred on July 13, 2011, at various locations including Opera House, Zaveri Bazaar, and Dadar, resulting in 27 fatalities and 127 injuries. The Maharashtra Anti-Terrorism Squad (ATS) arrested the suspects, attributing the attacks to the banned organization Indian Mujahideen. Charges were only filed in 2019, with the trial commencing in 2023, during which 203 witnesses have been called to testify.

Earlier in February, the Bombay High Court had granted bail to another accused, Nadeem Akhtar, citing his long period of detention. The court had remarked that the trial was unlikely to conclude anytime soon. Shaikh and Naik referenced this judgment in their plea for bail, seeking similar treatment. Despite opposition from the prosecution, the special court mentioned it would not delve into the merits of the case but would instead consider the prior ruling from the High Court. The ATS had claimed that Shaikh aided the main accused, Yasin Bhatkal, in securing accommodation in Mumbai, while Naik was accused of facilitating illegal money transfers—both allegations they deny, asserting a lack of evidence against them.

The court stated, “The Hon’ble High Court, while granting bail to a co-accused, has noted that prolonged incarceration, coupled with delays in trial, may, in certain situations, supersede statutory limitations.” Although the special public prosecutor argued that the authority to address long incarceration rests with constitutional courts, the special court affirmed that constitutional provisions should also be acknowledged by trial courts.

Furthermore, the court emphasized that the right to a speedy trial should not only be recognized in principle but should also be actively pursued by trial courts.

Sadaf Modak, a prominent Legal Correspondent based in Mumbai, exhibits extensive expertise and authority in the coverage of judicial and correctional matters. Reporting for The Indian Express, she is a reliable source for comprehensive insights into courtroom dynamics and human rights issues.

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