NIA Court Denies Bail to Woman Accused in 2019 Pulwama Attack

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

Presiding officer Prem Sagar, in a 15-page order dated August 20, dismissed the plea filed on grounds of prolonged incarceration, trial delays, and health concerns. The judgment noted that Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) bars bail at this stage if the court finds reasonable grounds to believe the charges are prima facie true.

Addressing the delay argument, the court stated that the trial is ongoing with witnesses being examined, and releasing Jan could allow her to influence key witnesses, hampering the judicial process. On health grounds, where Jan cited chronic dermatological issues, cervical spondylosis, and headaches requiring specialised care, the court held these were not life-threatening. Jail authorities were directed to ensure she receives necessary medical attention.

Jan, a resident of Harkipora village in Pulwama, was arrested on March 3, 2020, along with her father, Peer Tariq Ahmad Shah. She faces trial under UAPA, Ranbir Penal Code, Arms Act, and Explosive Substances Act, with charges framed on December 10, 2022.

According to the NIA chargesheet, Jan maintained contact with Pakistani militant Muhammad Umar Farooq, who was involved in planning the attack. She allegedly provided food, shelter, and logistical support to Jaish-e-Mohammed operatives. The viral video of suicide bomber Adil Ahmad Dar was allegedly recorded at her residence in January 2019.

The defence argued false implication, noting only 49 of 240 witnesses have been examined so far. The NIA opposed bail, describing Jan as a "highly motivated terror associate" and presented evidence of communications, including WhatsApp calls and photographs recovered from Farooq's phone. The court clarified its observations would not prejudice the main trial's merits.