Special NIA Court Rejects Bail Plea Of Pulwama Terror Attack Accused

JAMMU, Aug 22: A special NIA court here has rejected the bail plea of Insha Jan alias Insha Tariq, an accused in the 2019 Pulwama suicide attack that killed 40 CRPF personnel, holding that sufficient material existed to prima facie believe the allegations against her were true.

Special Judge Prem Sagar, in a 15-page order passed on August 20, said the statutory bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) also applied in the case, preventing her release on bail at this stage.

Jan, a resident of Harkipora village in Pulwama district, was arrested along with her father, Peer Tariq Ahmad Shah, on March 3, 2020. She is facing trial under the erstwhile Ranbir Penal Code (RPC), UAPA, Arms Act and Explosive Substances Act. Charges were framed against her on December 10, 2022.

According to the NIA chargesheet, Jan allegedly remained in contact with Pakistani Jaish-e-Mohammed terrorists Muhammad Umar Farooq and Mohd Kamran Ali and provided them food, shelter and logistical support. The agency also alleged that a viral video of suicide bomber Adil Ahmad Dar was recorded at her house in January 2019.

The defence sought bail citing her more than six years of incarceration, alleged delay in trial and health issues. It submitted that 49 of 240 prosecution witnesses had been examined and argued that the trial could take several more years.

The NIA opposed the plea, citing the seriousness of the allegations and evidence collected during investigation, including communications between Jan and Farooq.

The court observed that there was sufficient material to presume the accusations were prima facie true and rejected delay as a ground for bail, noting that the trial was underway. It also said her medical condition did not warrant bail, while directing jail authorities to provide necessary medical care.

The court clarified that its observations on the bail plea would not affect the merits of the main trial. (Agencies)