Daijiworld Media Network - Jammu
Jammu, Aug 22: A Special National Investigation Agency (NIA) court in Jammu has rejected the bail application of Insha Jan alias Insha Tariq, an accused in the 2019 Pulwama terror attack that killed 40 CRPF personnel.
Special Judge Prem Sagar, in a 15-page order delivered on August 20, held that sufficient material was available on record to presume that the accusations against Jan were prima facie true. The court also held that the statutory bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) operated against her, preventing her release on bail at this stage.
Jan, a resident of Harkipora village in south Kashmir's Pulwama district, was arrested along with her father, Peer Tariq Ahmad Shah, on March 3, 2020. She is facing trial under the Ranbir Penal Code (RPC), UAPA, Arms Act and Explosive Substances Act. The court framed charges against her on December 10, 2022.
According to the NIA chargesheet, Jan was allegedly involved in the terror conspiracy and remained in constant contact with Pakistani terrorist Muhammad Umar Farooq. Farooq, along with another Pakistani terrorist, Mohd. Kamran Ali, was allegedly involved in planning the Pulwama attack before both were killed in separate encounters with security forces.
Jan is also accused of providing food, shelter and other logistical support to the two terrorists and other Jaish-e-Mohammed (JeM) operatives.
The agency further alleged that a video of suicide bomber Adil Ahmad Dar, which went viral after the February 14, 2019 attack, was recorded at Jan's house on January 28 and 29.
The court's decision followed arguments from both the defence and the NIA.
The defence relied primarily on Jan's prolonged incarceration, alleged delay in the trial and her health condition. It submitted that she had remained in custody for more than six years and argued that the prolonged trial had made her continued incarceration unjustified.
The bail plea stated that 49 of 240 prosecution witnesses had been examined at the relevant stage, with the defence arguing that the trial could continue for several more years at the existing pace.
The defence further claimed that the witnesses examined had neither directly nor indirectly connected Jan with the alleged offences and that no incriminating material had been recovered from her. It also argued that her implication in the case was completely false and without reasonable basis.
On health grounds, the defence said Jan was suffering from chronic dermatological problems, cervical spondylosis and chronic headaches and required specialised medical treatment.
The NIA opposed the bail plea, calling it devoid of merit and misconceived on both facts and law. The agency described Jan as a highly motivated terror aide allegedly involved in a grave offence carried out as part of a well-planned conspiracy.
According to the NIA, Jan and her father facilitated safe shelter for JeM terrorists at their residence and provided them with food and other logistical support.
The agency said Jan and her family were introduced to the JeM terrorists by a neighbour in May 2018. Pakistani terrorists Farooq and Ali allegedly visited their house in June 2018, after which JeM operatives began visiting the residence regularly with arms and ammunition.
In January 2019, Farooq, suicide bomber Adil Ahmad Dar and Sameer Ahmad Dar allegedly stayed at her house for several days with sophisticated arms and ammunition, the NIA said.
The central agency also relied on communications between Jan and Farooq, including WhatsApp calls, voice notes and photographs recovered from Farooq's mobile phone after his death.
The court placed significant emphasis on Section 43-D(5) of the UAPA, which bars the release on bail of an accused booked under Chapters IV and VI of the Act when, after examining the case diary or chargesheet, the court finds reasonable grounds to believe that the accusations are prima facie true.
"There is sufficient evidence to presume that prima facie, the accusation against the applicant is true," the court said while rejecting Jan's bail application.
The court also rejected the defence argument that the delay in trial was sufficient by itself to warrant bail. It noted that the trial was underway and witnesses were being examined.
"If the applicant is released on bail, there is every likelihood that she will influence the key witnesses which might hamper the process of justice," the judge observed.
The court also held that Jan's medical condition did not warrant bail. It observed that her illness was not life-threatening and did not require urgent relief, while directing the jail authorities to ensure that she received all necessary medical care.
The court clarified that its observations while deciding the bail application would not affect the merits of the main criminal trial.
The February 14, 2019 Pulwama terror attack, in which 40 CRPF personnel were killed, brought India and Pakistan to the brink of war. India subsequently carried out an air strike deep inside Pakistan, targeting terror infrastructure in the Balakote area.
Safe houses are shelters, often located close to the Line of Control (LoC), where terrorists are kept after training while their handlers await an opportunity to infiltrate them into India.