Special NIA Court Rejects Bail Plea of Pulwama Attack Accused Insha Jan in Jammu

A special National Investigation Agency (NIA) court in Jammu has refused bail to Insha Jan, also known as Insha Tariq, who is on trial in the 2019 Pulwama suicide attack case that killed 40 Central Reserve Police Force (CRPF) personnel. Special Judge Prem Sagar, in a 15-page order passed on August 20, said the material on record was sufficient to hold that the allegations against her were prima facie true and that Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) barred her release at this stage.

Jan, a resident of Harkipora, also referred to as Hakripora, village in south Kashmir’s Pulwama district, was arrested on March 3, 2020, along with her father, Peer Tariq Ahmad Shah, also known as Tariq Ahmed Shah. She has been in custody for more than six years and is facing trial in NIA case RC No. 02/2019/NIA/JMU under provisions of the Ranbir Penal Code (RPC), the UAPA, the Arms Act and the Explosive Substances Act. Charges were framed against her on December 10, 2022.

What the court said

While considering the bail plea, the court noted that the prosecution material against Jan still required corroboration from other witnesses who are yet to be examined. It also recorded that the trial is underway and witness testimony is being taken. On that basis, Special Judge Prem Sagar held that granting bail at this stage could create a risk of Jan influencing key prosecution witnesses and thereby obstructing the course of justice.

The judge also rejected the defence’s reliance on prolonged incarceration, delay in trial and Jan’s health condition. Her lawyers had argued that more than six years in custody had seriously affected her health and pointed to chronic dermatological problems, cervical spondylosis and chronic oculogenic headache, all of which, they said, required specialised treatment. The court said these ailments were not life-threatening enough to justify urgent bail. It further held that delay in trial alone could not outweigh the seriousness of the allegations and the stage of the proceedings.

The order specifically invoked Section 43-D(5) of the UAPA, which restricts bail in cases involving offences under Chapters IV and VI of the Act if the court has reasonable grounds to believe the accusations are prima facie true. The judge said: “There is sufficient evidence to presume that prima facie, the accusation against the applicant is true.” He also referred to the nature and gravity of the alleged offences and the larger interest of the State while rejecting the plea. The court clarified that its observations would not affect the merits of the trial.

At the same time, the court directed the Superintendent of District Jail, Baramulla, to ensure that Jan receives all necessary medical care and to submit a compliance report every fortnight.

Case linked to Pulwama attack conspiracy

According to the NIA chargesheet, Jan was allegedly part of the terror conspiracy connected to the February 14, 2019 attack at Lethapora, also spelled Lethpura, in Pulwama district. On that day, Jaish-e-Mohammed (JeM) suicide bomber Adil Ahmad Dar drove an explosives-laden vehicle into a CRPF convoy on the Jammu-Srinagar National Highway, killing 40 personnel and injuring others.

The agency has alleged that Jan and her father sheltered JeM terrorists, provided them food and logistical support, and hosted them at their residence on more than 15 occasions between 2018 and 2019. These stays, according to the chargesheet, lasted two to four days each time. She is also accused of remaining in constant contact with Pakistani terrorist Muhammad Umar Farooq, described as an IED maker and nephew of JeM chief Masood Azhar, as well as another Pakistani terrorist, Mohd Kamran Ali. The evidence cited includes WhatsApp calls, voice notes and photographs recovered from Farooq’s mobile phone after his death.

The NIA says the family was introduced to the JeM terrorists by a neighbour in May 2018. It further alleges that Farooq and Ali visited the house in June 2018, after which JeM operatives allegedly began visiting regularly with arms and ammunition. In January 2019, Farooq, Adil Ahmad Dar and Sameer Ahmad Dar are alleged to have stayed at the house for several days with sophisticated arms and ammunition. The agency also says a propaganda video of Adil Ahmad Dar, later released by JeM after the attack, was recorded at the house on January 28 and 29, 2019.

Jan has earlier been described as the only woman among the 19 accused named in the NIA’s 13,800-page chargesheet filed in August 2020. Her father, a truck driver by profession, faces similar allegations of helping the terrorists.

Arguments before the court

The defence had told the court that Jan’s implication was “totally false without any reasonable ground” and argued that no incriminating material was recovered from her. It also contended that witnesses had not directly linked her to the offences. The NIA opposed the petition, saying the bail plea had no merit and describing her as a highly motivated terror associate who had acted in a planned manner. The agency said the application was an attempt to evade the law.

Wider context of the trial

The Pulwama attack remains among the deadliest terror strikes on Indian security forces in recent years. The NIA investigation linked the conspiracy to the Pakistan-based leadership of Jaish-e-Mohammed and named Masood Azhar and several others, including Pakistani nationals and local overground workers. Several key figures, among them the suicide bomber and alleged planners Muhammad Umar Farooq and Kamran Ali, were later killed in encounters with security forces.

The trial of Jan and the other accused continues before the special NIA court in Jammu, with a substantial number of prosecution witnesses still to be examined. The bail rejection reflects the strict approach courts are required to take under the UAPA in cases involving serious terrorism charges while the main case remains pending.