Noting that they had spent nearly 15 years in jail, a special court in Mumbai granted bail to two accused — Naquee Ahmed Shaikh and Haroon Naik — in the Mumbai triple blasts case on Friday.
“The applicants have been in judicial custody for approximately 15 years. Although 203 witnesses have been examined, more than 100 witnesses are yet to be examined. Even with expeditious conduct of trial, it is likely to take considerable time for completion,” special judge S R Navander said. The court directed their release on executing a bond of Rs 1 lakh with solvent sureties.
Three blasts had taken place on July 13, 2011, at Opera House, Zaveri Bazaar and Dadar, causing 27 deaths and injuring 127. The arrests were made by the Maharashtra Anti-Terrorism Squad (ATS), which claimed the involvement of banned terror outfit Indian Mujahideen. Charges were framed in the case only in 2019 with the trial eventually beginning in 2023. So far, 203 witnesses have been examined.
In February, the Bombay High Court had granted bail to Nadeem Akhtar, on grounds of long incarceration, and the court had observed that there was no likelihood of the trial completing in the near future. Shaikh and Naik also referred to this order and sought parity. While the prosecution had opposed their bail, the court said it was not getting into merits but taking into consideration the High Court’s February order. Against Shaikh, the ATS had alleged he had assisted main accused Yasin Bhatkal with renting a home in Mumbai, and against Naik it was alleged he had facilitated hawala transactions, allegations they deny claiming there was no proof.
“The Hon’ble High Court, while granting bail to a co-accused, as above, has observed that prolonged incarceration, coupled with delay in trial, may in certain circumstances override statutory restrictions,” the court said. While the special public prosecutor claimed the power to consider this issue of long incarceration was vested with Constitutional courts and not trial courts, the special court said the provisions of the Constitution are to be considered by the trial courts as well.
“The right to speedy trial of the accused has to be considered by the trial court not only in letters but also in spirit,” the court said.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
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Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
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