Eight years in jail, IM men approach court for bail citing prolonged trial

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New Delhi, Apr 29 (PTI) A Delhi court has asked for NIA's reply on bail applications by two alleged members of terror outfit Indian Mujahideen (IM) who claimed that even after eight years of their arrest there was no likelihood of the trial being completed anytime soon.

The accused -- Danish Ansari and Obaid-Ur-Rehman -- were arrested in 2013 for alleged conspiracy to carry out terror attacks in various parts of the country.

Special Judge Parveen Singh issued notice to the National Investigation Agency (NIA) on April 28 and directed it to file the response within a month.

In the application filed by advocate Qausar Khan, the accused claimed that the protracted incarceration violated their right to speedy trial and access to justice, while terming it a violation of their fundamental right to life.

“There is no progress in the matter and the accused are suffering from prolonged incarceration and there is no likelihood of the trial being completed anytime soon.

“Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, courts would ordinarily be obligated to enlarge on bail,” the application said.

“The protracted incarceration violates the applicants' right to speedy trial and access to justice and such violation/ breach of their fundamental right guaranteed Under Article 21 of the Constitution is not saved by the Embargo placed by Section 43(D)(5) UAPA, hence, he is entitled to be released on bail,” it added.

Advocate Khan told the court that the accused were wrongly and falsely implicated in the case and that there was no evidence against them.

According to the prosecution, the accused entered into a conspiracy along with other co-conspirators and members of IM for commission of terrorist act against the Government of India.

While Ansari had travelled to Delhi and played his part in setting up an arms factory at Mir Vihar here, Rehman had extended support to IM operatives by providing them shelter with intention to achieve objective of the conspiracy, the NIA has claimed. PTI UK SA