A special NIA court in Jammu has set aside the bail plea of a private school teacher who was arrested more than five years ago for allegedly giving shelter, food, and logistical support to Hizbul Mujahideen in the Doda-Kishtwar region.
The court led by Special Judge Prem Sagar rejected the bail plea of Tanveer Ahmad Malik, noting that the material on record prima facie indicates his alleged involvement in unlawful and terror-related activities.
The court further said that his release could affect the ongoing trial by creating a possibility of him influencing witnesses.
The judge said that “material available on record indicates the involvement of the applicant in furtherance of conspiracy for unlawful activities, which needs to be corroborated from other relevant witnesses yet to be examined. And in such a scenario, if the applicant is released on bail, there is every likelihood that he will influence the key witnesses of the case, which might hamper the process of justice.”
Tanveer Ahmad Malik is a resident of Tanta village, Doda district, and was arrested on March 1, 2021, in connection with a terror case, making him among the seven accused, charged by the National Investigative Agency (NIA) in connection with the case on May 22, 2021.
Initially, the case was registered at Kishtwar police station under various sections of the Unlawful Activities (Prevention) Act (UAPA), the Arms Act, the Narcotic Drugs and Psychotropic Substances Act, and the Indian Penal Code. The NIA subsequently took the case over. The defense, in the meantime, sought bail for Mailk, saying he has spent more than five years behind bars.
The NIA said that the accusations against Malik were serious and his release could affect the remaining trail. It was alleged that Mailk worked for the terror outfit Hizbul Mujahideen and gave food, shelter, and other logistical support from June 2019 to January 2020.
The prosecution contended that his release could create a possibility of him once again being used by terrorist handlers to provide clandestine support.
“The accused is a highly motivated terror associate who had repeatedly put up hectic efforts to support terror-related activities… He was about to join the Hizbul Mujahideen as an active terrorist, but fortunately he was arrested by police at the right time,” it said.
After considering the arguments advanced by both sides, the special judge found that the gravity of the allegations, the evidence on record, the progress of the trial, and the risk of the accused influencing witnesses were sufficient grounds to deny bail.
