Special NIA court rejects bail plea of woman accused in Pulwama terror attack case

Special NIA Court Rejects Bail Plea of Woman Accused in 2019 Pulwama Attack Case

A special NIA court in Jammu and Kashmir has rejected the bail application of Insha Jan alias Insha Tariq, an accused in the 2019 Pulwama terror attack conspiracy. The court, in an order passed by Special Judge Prem Sagar, observed that sufficient material existed on record to presume that the allegations against her were prima facie true, and that the statutory bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) applied, preventing her release on bail at this stage.

The court said, "Keeping in view the nature and gravity of the offences, the larger interest of the State/UT, the bail application of applicant at this stage is not considered and is rejected."

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.

Court's Reasoning

Section 43-D(5) of the UAPA stipulates that an accused in custody cannot be released on bail if the court finds reasonable grounds to believe that the accusations are prima facie true after reviewing the case diary or chargesheet. The Indian Express reported that the court noted the trial was ongoing and witnesses were being examined, and that releasing Jan might allow her to influence key witnesses, thereby hampering the judicial process.

According to The Tribune, the court also declined to treat the delay in trial as sufficient grounds for granting bail. Of the 240 witnesses cited in the case, only 49 had been examined as of the time of the bail hearing, as reported by The Indian Express.

The court clarified that its observations during the bail hearing would not prejudice the merits of the main criminal trial.

Medical Grounds Rejected

In her bail application, Jan submitted that due to prolonged incarceration, she "has developed different ailments" and was suffering from a chronic dermatological condition, cervical spondylosis, and chronic oculogenic headache. She claimed that despite treatment provided by the jail authorities, she required specialized treatment and a "homely atmosphere" to facilitate her recovery, stating that failure to provide the required treatment could endanger her life.

The NIA opposed the bail plea, describing it as "devoid of merit" and "misconceived both on fact and law." The court held that Jan's ailments were not life-threatening and did not warrant bail. Jail authorities were directed to ensure she received all necessary medical care, and The Tribune reported that the court also directed authorities to submit a compliance report every fortnight regarding her medical care. A copy of the order was sent to the Superintendent, District Jail, Baramulla.

Allegations and Charges

According to the NIA chargesheet, Jan was allegedly involved in the terror conspiracy and maintained continuous contact with Pakistani militant Muhammad Umar Farooq, who, along with another Pakistani militant, Mohd Kamran Ali, was involved in planning the attack. Both were subsequently neutralised in separate encounters by security forces.

Jan allegedly provided food, shelter, and other logistical support to these militants and other Jaish-e-Mohammed (JeM) operatives. A viral video of the suicide bomber Adil Ahmad Dar — which gained wide circulation after the February 14, 2019 attack that killed 40 CRPF personnel — was allegedly recorded at her residence on January 28 and 29 of that year.

The defense argued that Jan had been falsely implicated and that her incarceration of over six years was unjustified. The Indian Express reported that the defense noted the family's contact with JeM militants began in May 2018 through a neighbour, and that in January 2019, the militants Farooq, Dar, and Sameer Ahmad Dar stayed at the residence of Jan and her family for several days with sophisticated arms and ammunition.

The NIA described Jan as a "highly motivated terror associate" and presented evidence of communications between her and Farooq, including WhatsApp calls, voice notes, and photographs recovered from his mobile phone after his death.