In granting bail to 65-year-old Kafeel Ahmed Ayub, Bombay High Court says long detention violates constitutional and human rights
NEW DELHI – In a major development, the Bombay High Court has granted bail to 65-year-old Kafeel Ahmed Ayub, who spent almost 14 years in jail without trial in connection with the 2011 Mumbai triple blasts case. The court observed that keeping any accused behind bars indefinitely without a trial is unconstitutional and violates the fundamental right to life and liberty guaranteed by the Constitution.
The division bench of Justice AS Gadkari and Justice RR Bhonsale delivered the order on Tuesday, saying, “An accused cannot be kept in custody endlessly when the trial is nowhere near completion. Such prolonged detention violates Article 21 of the Constitution, which guarantees the right to life and the right to a speedy trial.”
Kafeel Ahmed Ayub, a resident of Bihar, was arrested in February 2012 by the Delhi Police and later handed over to the Mumbai Anti-Terrorism Squad (ATS). He was accused of helping the main conspirator, Yasin, and of encouraging young men to join so-called “jihad.”
However, during the bail hearing, Advocate Mubeen Solkar, representing Ayub, argued that the allegations were vague and unsubstantiated. “My client has been in custody for nearly 14 years, and the trial has not even begun. Indefinitely detaining a person without trial is against the Constitution and basic principles of justice,” he told the court.
The High Court agreed with the defence, referring to the Supreme Court’s 2021 ruling in the KA Najeeb case, which affirmed that bail should be granted when an undertrial has been imprisoned for a long period and there is little chance of an early trial.
The July 13, 2011, triple blasts in Zaveri Bazaar, Opera House, and Dadar Kabutarkhana killed 21 people and injured over 113 others. The explosions, which occurred within minutes of each other during rush hour, were described by then Maharashtra chief minister Prithviraj Chavan as “a terrorist plot to destabilise Mumbai.”
Following the blasts, the Mumbai ATS launched a large-scale investigation. Several people were arrested under stringent laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA). Ayub was one of those detained but was never brought to trial in the following 14 years.
Speaking through his lawyer after the verdict, Ayub said he was relieved that the court finally heard his plea after so many years. “I am an Indian citizen and have full faith in the country’s justice system. Keeping a person in jail for years without trial is against democracy,” he said.
Family members from Bihar expressed both relief and pain, saying that Ayub had suffered immense hardship. “Our brother was called a terrorist without any proof. Fourteen years of his life were wasted behind bars for no reason. We thank the court for finally giving justice,” an Ayub relative told reporters.
Legal experts and human rights advocates have long criticised the misuse of laws like UAPA and MCOCA, which allow prolonged detention without trial. Many Muslim organisations and activists have pointed out that such laws are often used selectively, leading to years of imprisonment for innocent people.
A senior human rights lawyer from Mumbai said, “This case highlights the urgent need for judicial reforms. Thousands of undertrials, especially from marginalised communities, continue to suffer in jail without conviction. Justice delayed is justice denied.”
The Bombay High Court’s decision serves as a reminder that the right to liberty cannot be sacrificed in the name of national security without evidence or due process. The judges emphasised that “the Constitution does not permit the State to punish before conviction.”
As Ayub prepares to reunite with his family after nearly a decade and a half, his case stands as a grim reminder of the human cost of delayed justice. For many Muslims in India, his story echoes a broader fear — that suspicion, not proof, often becomes the basis for arrest under draconian laws.
“Keeping a man in jail for 14 years without trial is not justice,” said Advocate Mubeen Solkar after the hearing. “It is a violation of his humanity.”
