Pulwama case: NIA court denies bail to Insha Jan, orders medical care
A special National Investigation Agency (NIA) court in Jammu has rejected the bail application of Insha Jan, an accused in the Pulwama terror attack conspiracy case, noting that the trial is underway and witnesses are being examined. The court, however, directed the Baramulla district jail authorities to provide her necessary medical care and submit a compliance report every fortnight.
Special judge Prem Sagar dismissed the bail plea on Thursday, observing that the prosecution's case still requires corroboration from witnesses who are yet to be examined. The court expressed concern that releasing the accused at this stage could risk influencing key prosecution witnesses.
Insha Jan had sought bail on grounds of prolonged incarceration, delay in trial, and medical ailments. Her defence counsel argued that her health had seriously deteriorated during custody, citing chronic dermatological problems, cervical spondylosis, and chronic oculogenic headaches. The court, however, found that the medical condition was not life-threatening enough to warrant urgent release.
The accused is facing trial under various provisions of the Ranbir Penal Code, the Arms Act, the Unlawful Activities (Prevention) Act, and the Explosive Substances Act. She has been in custody for more than six years. Insha Jan and her father, Peer Tariq Ahmad Shah, were arrested by the NIA on March 3, 2020, in connection with the Pulwama attack on February 14, 2019, which killed 40 Central Reserve Police Force personnel. They are accused of harbouring Jaish-e-Mohammad terrorists at their residence and providing them food and logistical support.
The Pulwama attack occurred when a suicide bomber rammed an explosives-laden vehicle into a CRPF convoy on the Jammu-Srinagar highway. The blast was one of the deadliest in Jammu and Kashmir's recent history and led to heightened tensions between India and Pakistan. The attack took place months before the 2019 general elections, and it became a significant political issue. The NIA took over the investigation and filed chargesheets against several individuals, including Jan and her father, for their alleged role in providing local support to the terrorists.
Charges were framed against her on December 10, 2022. The chargesheet was filed by the NIA after a detailed investigation, and the trial has been progressing with multiple hearings. The case is being tried under the Unlawful Activities (Prevention) Act, which has stringent bail provisions. Under Section 43D(5) of the Act, a court may deny bail if it finds reasonable grounds to believe that the accusation is prima facie true, unless the accused is under 16 years of age, a woman, sick, or infirm. In this instance, the court noted that while the accused requires medical attention, the condition was not life-threatening.
The court's order directs jail authorities to ensure that the accused receives the required medical care and to file compliance reports every fortnight. This ensures that her health concerns are addressed while the trial proceeds. The fortnightly reporting mechanism will allow the court to intervene promptly if medical care is found inadequate.
The trial is ongoing, and the denial of bail reflects the court's assessment of the evidence presented so far. The court's decision balances the rights of the accused with the need to ensure a fair and unhampered trial in a case of national significance. The accused retains the right to appeal the order before a higher court.
