The Bombay High Court granted bail to 65-year-old Kafeel Ahmed Ayub, accused in the 2011 triple blast case at Zaveri Bazaar, Opera House and Dadar Pigeon House. Ayub is being prosecuted under UAPA and MCOCA.
Justice A. S. Gadkari and Justice R. R. Bhonsle’s division bench granted bail saying that Ayub has been in jail for more than a decade waiting for the trial to begin, while there is no possibility of the trial being completed soon.
Bail if kept in jail without trial
In its order, the court cited a historic Supreme Court decision of 2021, in which K. A. The accused named Najeeb was granted bail under UAPA after being kept in jail without trial for a long time. The Supreme Court had then said that the ‘right to a speedy and fair trial’ is a part of the fundamental right to life, which cannot be denied indefinitely even under special laws.
Ayub’s lawyer Mubeen Solkar had sought bail on this basis. On 13 July 2011, at around 6:55 pm, there were three explosions in Mumbai – Opera House, Zaveri Bazaar and Dadar. 21 people were killed and 113 people were injured in these blasts.
Accused of inciting ‘Jihad’
Mumbai ATS took this case into its hands on 18 July 2011. Ayub, a resident of Bihar, was arrested by the Special Cell of Delhi Police on 22 February 2012. He was lodged in Arthur Road Jail since then. His bail plea was rejected by the special MCOCA court in February 2022, after which he approached the High Court in May 2022.
The prosecution alleged that Ayub, along with his co-accused, worked to instigate the youth for ‘Jihad’ and was an associate of the main accused Yasin. Whereas Ayub’s side said that the allegations were vague and in no confessional statement against him it was said that he had knowledge of the blasts.
Keeping in jail without trial is against the government
Ayub had said in his petition that keeping him in jail for so long without trial is against democracy and the rule of law. Given his deep social ties in India, the court considered that he was not a risk of absconding. The detailed order of the court will be made available later.
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