Pulwama attack accused Insha Jan denied bail by NIA court

A special National Investigation Agency (NIA) court has rejected the bail plea of Insha Jan, an accused in the 2019 Pulwama terror attack that killed 40 Central Reserve Police Force (CRPF) personnel. The court observed that sufficient material exists on record to presume that the accusations against her are prima facie true.

The order, delivered on August 20 by Special Judge Prem Sagar, cited the statutory bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA), which prevents bail at this stage. In a 15-page judgment, the court noted that the restrictions under the provision operate against the accused.

Jan, a resident of Harkipora village in south Kashmir’s Pulwama district, was arrested on March 3, 2020, along with her father, Peer Tariq Ahmad Shah. She faces charges under the Ranbir Penal Code (RPC), the UAPA, the Arms Act, and the Explosives Substances Act. Charges were formally framed against her on December 10, 2022.

According to the NIA’s 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, is said to have planned the Pulwama attack before both were eliminated in separate encounters by security forces. The agency also accused Jan of providing food, shelter, and other logistical support to the two terrorists and other Jaish-e-Mohammed (JeM) operatives.

Further, the NIA alleged that a video of the suicide bomber Adil Ahmad Dar, which went viral after the February 14, 2019, attack, was recorded at her house on January 28 and 29.

The court’s decision came after hearing arguments from both the defence and the NIA. The defence relied on Jan’s prolonged incarceration, the alleged delay in trial, and her health condition. The NIA opposed bail, citing the seriousness of the charges, the material collected during investigation, and the restrictions imposed by Section 43-D(5) of the UAPA.

The defence submitted that Jan has been in custody for more than six years and argued that the prolonged trial had made her continued incarceration unjustified. The bail application noted that 49 of the 240 prosecution witnesses had been examined so far, and the defence argued that at the existing pace, the trial could continue for many more years. It also claimed that the witnesses examined had not directly or indirectly connected Jan with the commission of the offences, and that no incriminating material had been recovered from her.

Jan’s counsel also raised her health issues, stating that she suffers from chronic dermatological problems, cervical spondylosis, and chronic headache, requiring specialised medical treatment. She also maintained that her implication in the case was “totally false without any reasonable ground.”

Opposing the bail plea, the NIA said the application was devoid of merit and misconceived both on fact and law. The agency described Jan as “a highly motivated terror associate involved in a grave and serious offence,” and added that her actions were carried out in a well-planned manner, reflecting maturity of mind rather than innocence.

The NIA said Jan, along with her father, provided safe shelter to JeM terrorists at their house and provided them with food and other logistics. According to the agency, Jan and her family were introduced to the JeM terrorists by a neighbour in May 2018. Pakistani terrorists Farooq and Ali first came to their house in June 2018. Subsequently, the JeM terrorists began visiting regularly, often with arms and ammunition.

In January 2019, Farooq, suicide bomber Dar, and Sameer Ahmad Dar arrived at her house with sophisticated arms and ammunition and stayed for several days, the NIA said. The agency also relied on communications between Jan and Farooq, including WhatsApp calls, voice notes, and photos.