Court Rejects Bail Plea
A Special National Investigation Agency (NIA) Court in Jammu has rejected the bail application of Tanveer Ahmad Malik, a private school teacher arrested more than five years ago for allegedly providing shelter, food and logistical support to Hizbul Mujahideen terrorists in the Doda-Kishtwar region. The court, presided over by Special Judge Prem Sagar, dismissed the bail plea on September 1, observing that the material on record prima facie indicated his alleged involvement in unlawful and terror-related activities.
The court also expressed concern that his release could affect the ongoing trial, as it could create a possibility of him influencing witnesses. The judge noted that witnesses were being examined on the date fixed "barring a few occasions" and that the material available on record indicated the applicant's involvement in furtherance of conspiracy for unlawful activities, which needed corroboration from other witnesses yet to be examined. In such a scenario, the judge said, releasing the applicant on bail could lead him to influence key witnesses and hamper the process of justice.
Background of the Case
Malik, a resident of Tantna village in Doda district, was arrested on March 1, 2021, in connection with a terror case. He was among seven accused, including three slain terrorists — Osama Bin Javed, Haroon Abbass Wani and Zahid Hussain — chargesheeted by the NIA on May 22, 2021. The case was initially registered at the Kishtwar police station under various sections of the Unlawful Activities (Prevention) Act (UAPA), the Arms Act, the Narcotic Drugs and Psychotropic Substances Act, and the Indian Penal Code.
The FIR followed an incident on March 8, 2019, when terrorists led by Haroon Ahmad Wani snatched the service weapon of head constable Daleep Singh, who was posted as escort in-charge of the then Kishtwar deputy commissioner, along with three magazines and 90 rounds from his rented accommodation. The NIA subsequently took over the case. According to the NIA probe, the weapon was later recovered from the encounter site of Haroon Wani in January 2020.
Defence and Prosecution Arguments
The defence sought bail for Malik citing prolonged incarceration, arguing that he had spent more than five years in jail and that a speedy trial was his fundamental right. The NIA, however, argued that the accusations against Malik were serious, that prima facie material existed against his role in the case, and that his release could prejudice the remaining trial.
The prosecution alleged that Malik had worked as an over-ground worker for the proscribed terror outfit Hizbul Mujahideen and had provided food, shelter and other logistical support to terrorists Haroon Abbas Wani and Tahir Ahmad Bhat from June 2019 to January 2020. The NIA told the court that Malik was motivated by 'jihad' and that he had provided shelter to the terrorists at his house as well as in an underground cave near his residence.
The agency's investigation found that one Rustam Qazi, an active member of the banned Jamaat-e-Islami, had been a frequent visitor to Malik's house and was close to Malik's father, also a member of the organisation. The NIA said Malik joined the Al Huda Academy, Tanta in April 2019 as an Urdu/Arabic teacher and began providing shelter to Haroon Abbas Wani and Tahir Ahmad Bhat.
The prosecution also raised the possibility that Malik could be used by terrorist handlers if released. The court, dismissing the defence's delay arguments in view of a catena of judgments, concluded that the nature and gravity of the offences and the larger interest of the state weighed against granting bail.