A special NIA court has rejected the bail plea of Insha Jan, alias Insha Tariq, who was accused in the 2019 Pulwama suicide attack, claiming the lives of 40 CRPF personnel.
Delivering the 15-page order on August 20, Special Judge of Prem Sagar said that the statutory bar under section 43-D(5) of the unlawful activities (Prevention) Act (UAPA) also operated against the accused and prevented her release on bail at this stage.
Insha Jan is an accused in NIA case RC No. 02/2019/NIA/JMU, which is registered under several provisions of the RPC, UAPA, Arms Act, and Explosive Substances Act.
Jan is facing trials that revolve around charges under the Ranbir Penal Code (RPC), the UAPA, the Arms Act, and the Explosive Substances Act. The charges against her were framed by the court on December 10, 2022, as reported by Siasat TV.
She is facing trial on charges under the Ranbir Penal Code (RPC), the UAPA, the Arms Act, and the Explosive Substances Act. The court framed charges against her on December 10, 2022.
NIA has opposed her bail plea, saying that there was sufficient material in record that indicated her involvement in the case and restriction under Section 43-D(5) of the UAPA prevented her from being granted bail.
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, who, along with another Pakistani terrorist Mohd Kamran Ali, was involved in planning the Pulwama attack before they were eliminated in separate encounters by security forces.
Opposing the bail plea, the NIA said that there was sufficient material on record that indicated her involvement in the case and that the restriction under Section 43-D(5) of the UAPA barred her release on bail.
Jan is accused of providing food, shelter, and other assistance to two terrorists and other Jaish-e-Mohammed operatives.
A video of suicide bomber Adil Ahmad Dar, which went viral after the February 14, 2019, attack, was allegedly recorded at her house on January 28 and 29.
The court heard arguments from both the defense and the NIA before giving its decision.
The defense said Jan had been in jail for a long time, the trial had been delayed, and she had health problems. The NIA opposed her bail, saying the charges were serious, evidence had been collected against her, and Section 43-D(5) of the UAPA made it difficult to grant bail.
A video of suicide bomber Adil Ahmad Dar, which went viral after the February 14, 2019, attack, was allegedly recorded at her house on January 28 and 29.
The court heard arguments from both the defense and the NIA before giving its decision.
The defense said Jan had been in jail for a long time, the trial had been delayed, and she had health problems. The NIA opposed her bail, saying the charges were serious, evidence had been collected against her, and Section 43-D(5) of the UAPA made it difficult to grant bail.
