The Supreme Court on Tuesday nudged a Delhi court to conclude within six months the trial of Saquib Nisar, a suspected Indian Mujahideen terrorist facing prosecution in the September 2008 Delhi serial blasts case, even as it declined to grant him bail for now.
The high court, however, declined to release Nisar, saying the allegations against him and the role attributed to him did not persuade it to grant bail. It also noted that a substantial amount of recovery related to the blasts was allegedly made from him. The delay had also figured before the Delhi High Court in April 2024, when it rejected Nisar’s plea challenging the denial of bail by the trial court.
A bench of justices MM Sundresh and PB Varale said that Nisar’s bail plea could be considered again after six months if the trial court was unable to conclude the proceedings within that period. In January this year, the bench had recorded a statement by Additional Solicitor General Rajkumar B Thakre, appearing for the Delhi Police, that the trial was “likely to be concluded within a period of six months”. The high court had then been informed that the special court was conducting proceedings every Saturday to expedite the trial, which was said to be at its “fag end”.
The court’s direction came against the backdrop of an earlier assurance that the trial would be completed within six months. However, when the matter came up on Tuesday, the trial was still not near conclusion, prompting the bench to give the trial court another six months to complete the proceedings.
“After spending some time outside, their behaviour changed completely. When they returned to jail, fights reduced and they were more at peace. Justice Sundresh, recalling his tenure as a judge of the Madras High Court, said that he had granted temporary bail to some accused in the 1998 Coimbatore serial bomb blasts case.
Hegde pressed for temporary bail so that Nisar could spend some time with his family.
Senior advocate Sanjay R Hegde, appearing for Nisar, pointed out that his client had been in custody since October 2008 and needed some “reprieve”. So, I understand the importance of meeting your family and spending some time outside jail…you move a suitable plea,” the judge told Hegde.
