Pulwama Case: NIA Court Rejects Insha Jan’s Bail, Cites Prima Facie Evidence

A special National Investigation Agency (NIA) court in Jammu has rejected the bail plea of Insha Jan alias Insha Tariq, an accused in the 2019 Pulwama suicide attack case, observing that the material on record prima facie substantiates the allegations against her. The February 14, 2019, attack on a Central Reserve Police Force (CRPF) convoy in Pulwama killed 40 personnel and remains one of the most significant terror attacks in India in recent years. In a 15-page order delivered on August 20, Special Judge Prem Sagar said the case record contained sufficient material to establish a prima facie case against Jan.

The court also held that the statutory restriction under Section 43-D(5) of the Unlawful Activities (Prevention) Act, or UAPA, applied to her. The provision places stringent conditions on the grant of bail in cases involving certain offences under the anti-terror law. Jan, a resident of Harkipora village in south Kashmir's Pulwama district, was arrested on March 3, 2020, along with her father, Peer Tariq Ahmad Shah. She is facing trial under provisions of the erstwhile Ranbir Penal Code, the UAPA, the Arms Act and the Explosive Substances Act. The court formally framed charges against her on December 10, 2022, and the proceedings against her have continued since then.

According to the NIA chargesheet, Jan was allegedly involved in the conspiracy surrounding the Pulwama attack and remained in regular contact with Pakistani terrorist Muhammad Umar Farooq. Investigators have alleged that Farooq, along with another Pakistani terrorist, Mohd Kamran Ali, was involved in planning the attack. Both men were later killed separately in encounters with security forces, according to the prosecution case. The NIA has further alleged that Jan provided food, shelter and other logistical assistance to the two Pakistani terrorists as well as other operatives of the Jaish-e-Mohammed, the terror organisation accused of being behind the attack.

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The agency has relied on these allegations as part of its case that Jan provided support to members of the conspiracy. The defence's request for bail was considered against the material collected during the investigation and the restrictions imposed by the UAPA. Another allegation concerns a video featuring suicide bomber Adil Ahmad Dar, whose footage circulated widely after the Pulwama attack. According to the NIA's case, the video was recorded at Jan's residence on January 28 and 29, 2019, several weeks before the attack. Dar was the suicide bomber who drove an explosives-laden vehicle into the CRPF convoy on February 14, killing 40 personnel.

The court's latest order does not determine Jan's guilt or innocence at the trial stage. Instead, it concerns whether she can be released on bail while proceedings continue. By holding that the material against her was sufficient to prima facie substantiate the allegations and that the statutory bar under Section 43-D(5) of the UAPA applied, the court declined to grant her release at this stage. The Pulwama attack led to heightened tensions between India and Pakistan and triggered a major security and diplomatic response. The case against those accused of assisting the attackers has involved allegations concerning the planning, logistics and support provided to the terrorists. With Jan's bail plea now rejected, the trial will continue while the prosecution and defence present their respective cases before the court.

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