Conventional Idea That ‘Bail is the Rule, Jail is the Exception’ Does Not Find Place in UAPA Cases: Delhi High Court Upholds Stringent Bail Denial for Accused in Delhi Serial Blasts

In a significant ruling, the Delhi High Court today dismissed the bail application of Mubeen Kadar Shaikh, an accused in the 2008 Delhi serial bomb blasts, emphasizing the stringent standards for bail under the Unlawful Activities (Prevention) Act (UAPA). The court noted that the nature of the accusations and the involvement of the accused in a grave conspiracy makes the case exceptional.

Mubeen Kadar Shaikh was implicated following the Delhi bomb blasts on September 13, 2008, resulting from the activities linked to the Indian Mujahideen terror group. The prosecution detailed how evidence including laptops and communication equipment used in the orchestration of these blasts was recovered, pointing to Shaikh’s involvement in the “Media Cell” responsible for sending threatening emails before the blasts.

Shaikh’s applications for bail have been consistently rejected given the severity of the offences and the potential implications of his release. Despite arguments regarding discrepancies in the evidence and prolonged trial periods, the court held firm that the nature of the offences and the overarching conspiracy involved outweigh the personal liberty of the accused in such instances.

The court extensively referenced the evidence presented, including forensic analysis of electronic devices recovered from Shaikh, which were purportedly used to send the emails threatening further attacks. Justice Suresh Kumar Kait, in delivering the judgment, underscored the rigorous standards required under UAPA, stating, “The Court is expected to apply its mind to ascertain whether the accusations against the accused are prima facie true.”

The High Court, while denying bail, directed for the expeditious conclusion of the trial, instructing the Special Court to hold proceedings at least twice a week given the lengthy duration Shaikh has already spent in custody. The court stressed that any delay in the trial process does not justify the concession of bail in cases involving terrorism.

Date of Decision: April 29, 2024

MUBEEN KADAR SHAIKH versus STATE OF NCT OF DELHI