
A special NIA court in Jammu has rejected the bail plea of Insha Jan, an accused in the 2019 Pulwama suicide bombing that killed 40 CRPF personnel. In a 15-page order on…
A special NIA court in Jammu has rejected the bail plea of Insha Jan, an accused in the 2019 Pulwama suicide bombing that killed 40 CRPF personnel. In a 15-page order on August 20, special judge Prem Sagar held that the statutory bar under Section 43-D(5) of the UAPA prevented her release at this stage, observing that sufficient material existed to presume the accusations against her were prima facie true.

Jan, a resident of Harkipora in Pulwama district, was arrested in March 2020 along with her father. The NIA chargesheet alleges she was in contact with Pakistani terrorist Muhammad Umar Farooq, who helped plan the attack, and provided food, shelter and logistics to Jaish-e-Mohammed operatives. A viral video of suicide bomber Adil Ahmad Dar was allegedly recorded at her house days before the attack.
The defence argued Jan has been in custody for over six years, cited the slow pace of trial and her health issues. The NIA opposed bail, calling her a highly motivated terror associate. Of 240 prosecution witnesses, 49 have been examined. The trial continues.
The case turns on Section 43-D(5) of the UAPA, which bars bail if the court finds the accusations prima facie true, a provision the Supreme Court has upheld in several rulings, including the 2019 judgment in Zahoor Ahmad Shah Watali. The burden on the accused is exceptionally high: even prolonged custody of over six years does not automatically override the statutory bar. Insha Jan now faces a trial that, at the current rate of witness examination, could stretch for several more years. The next significant milestone will be the completion of prosecution evidence, after which the court will hear arguments on the framing of the defence case.
Source: rediff.com
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