Pulwama terror attack accused stays behind bars, NIA court rejects her bail
The accused in the conspiracy behind the 2019 Pulwama terror attack, one of the deadliest attacks on security forces in Jammu and Kashmir in which 40 CRPF personnel were killed, has failed to secure bail, with an NIA court refusing to release Insha Jan amid the ongoing trial.
The court observed that prosecution evidence was still being recorded and that releasing Jan could give rise to the possibility of influencing witnesses, thereby affecting a fair trial. Special Judge Prem Sagar rejected her bail plea on Thursday while directing Baramulla jail authorities to ensure proper medical treatment for her health issues.
The court ordered that “the bail application of applicant at this stage is not considered and is rejected”.
The court, however, directed authorities at Baramulla district jail to ensure that Jan receives the medical treatment she requires. Jail authorities have also been asked to submit a compliance report to the court every fortnight.
Jan had sought bail citing prolonged incarceration, delays in the trial and health concerns. Her defence told the court that more than six years in custody had affected her health. She was claimed to be suffering from chronic dermatological problems, cervical spondylosis and chronic oculogyric headache.
The court did not find her medical condition serious enough to justify her immediate release, while stressing that the trial remains underway.
Jan has been in custody for more than six years and is facing charges under several provisions of the Ranbir Penal Code, Arms Act, Unlawful Activities (Prevention) Act and Explosive Substances Act.
The case relates to the February 14, 2019, Pulwama terror attack, in which 40 CRPF personnel were killed when a suicide bomber targeted a convoy in Jammu and Kashmir. The NIA arrested Jan and her father, Peer Tariq Ahmad Shah, on March 3, 2020, alleging that they had harboured Jaish-e-Mohammad terrorists at their residence and provided them with food and logistical assistance. Charges against Jan were framed on December 10, 2022.
NIA Inspector Arun Sharma filed objections to her bail application and stated that the present bail application filed by the applicant/accused is devoid of merit misconceived both on fact and law and the same is liable to be dismissed by this Court. At the outset NIA denied
all the contentions made by the applicant/ accused in the bail application under reply except those admitted unequivocally. The embargo created under section 437 of Code of Criminal Procedure, 1973 is also attracted in the present case. If the applicant/accused enlarged on bail, she may flee from justice and temper/influence the witnesses, which would hamper fair
trial of the case.
Insha Jan along with her father accused Peer Tariq Ahmad Shah, are accused of having
facilitated safe shelter to the JeM terrorists at their house and provided them with food and other logistics. She and her family was introduced to JeM terrorists by her neighbour viz. Mohammad Abbas Rather in May, 2018.
Pakistani terrorists Muhammad Umar Farooq and Mohammad Kamran Ali are reported to have come to their house in June, 2018. Subsequently, the JeM terrorists started coming to her home regularly with arms and ammunition. In January 2019 Muhammad Umar Farooq, Adil Ahmad Dar and Sameer Ahmad Dar came to her house with sophisticated arms and ammunition and stayed for many days. On 28 th and 29th January 2019, the video of fidayeen Adil Ahmad Dar, which went viral after the attack, was recorded in her house, the NIA has alleged. Technical analysis has established that she was at her house at that time. Accused
Insha Jan remained in constant touch with Muhammad Umar Farooq over telephone and other social media applications, the NIA has alleged.