Mumbai: The Bombay High Court on Tuesday granted bail to Kafeel Ahmed Ayub, 65, an accused in the 2011 triple blast case, after he spent more than a decade in pre-trial incarceration. Ayub is facing trial under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA).
A division bench comprising Justice AS Gadkari and Justice RR Bhonsale granted bail primarily considering the extensive period of incarceration already served by Ayub and the lack of “prospects of completion of the trial in the foreseeable future.”
The bench, in its decision, referred to the 2021 landmark Supreme Court ruling in KA Najeeb, which addressed the issue of bail under the UAPA. The Supreme Court, in that ruling, established that the right to a speedy trial is a fundamental right under the Constitution’s Right to Life, and it cannot be “indefinitely denied even under the rigours of bail provisions under the special law.” The apex court had observed that keeping an undertrial in custody indefinitely for a prolonged period violates their constitutional rights.
Background of the Case
The case pertains to the coordinated triple blasts that occurred on July 13, 2011, at Zaveri Bazaar, Opera House, and Dadar Kabutarkhana during evening rush hour. The prosecution stated that the blasts killed 21 and injured 113 persons. At the time, then-Maharashtra Chief Minister Prithviraj Chavan had termed the explosions a “coordinated attack by terrorists.”
The initial three FIRs were consolidated and taken over by the Mumbai Anti-Terrorism Squad (ATS) on July 18, 2011.
Kafeel Ahmed Ayub, a resident of Bihar, was arrested by the Delhi Police Special Cell on February 22, 2012. He was subsequently shown as the fifth accused in the blasts case from May 19, 2012, and taken into custody on a transfer warrant. He has been lodged at the Arthur Road jail since.
Arguments Before the Court
Ayub approached the High Court in May 2022 after a special MCOCA trial court rejected his bail plea in February 2022.
Ayub’s counsel, Mubin Solkar, anchored his plea for bail on the KA Najeeb precedent, arguing that Ayub’s prolonged detention violated his fundamental right to a speedy trial. The defence further contended that the charges against Ayub were “vague.” It was submitted that nowhere in the confession recorded under MCOCA was it mentioned that Ayub “was aware or had knowledge of the bomb blast,” which the defence argued is an “essential ingredient to prove conspiracy.”
The defence plea stated that keeping Ayub incarcerated for such a long period with no trial in sight was an “anathema to democracy and the rule of law.” It was also submitted that Ayub has deep roots in India and is not a flight risk.
The prosecution strongly opposed the bail plea, detailing the gravity of the charges. The prosecution’s case is that Ayub, along with co-accused, was allegedly involved in indoctrinating youth to carry out ‘Jihad’. It was alleged that he “closely accompanied the alleged mastermind,” Yasin, and acted as an active member of an organized crime syndicate.
The prosecution further alleged that Ayub associated with and “repeatedly” harbored co-accused persons “when they were in need for executing the plan” and later arranged hideouts for them.
Court’s Decision
After considering the arguments, the High Court bench granted bail to Kafeel Ahmed Ayub. The decision was based on the more than a-decade-long pre-trial incarceration and the precedent set by the Supreme Court regarding the constitutional right to a speedy trial, even in cases involving stringent anti-terror laws.
