NIA Court Denies Bail To School Teacher

(MENAFN- Kashmir Observer) Srinagar- A Special NIA Court in Jammu has rejected the bail application of a private school teacher who has been in custody for over five years in a case alleging that he provided shelter, food and logistical support to Hizbul Mujahideen terrorists in the Doda-Kishtwar region.

Special Judge Prem Sagar dismissed the bail plea of Tanveer Ahmad Malik, observing that the material available on record prima facie indicated his alleged involvement in unlawful and terror-related activities.

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The court also noted that his release could affect the ongoing trial, particularly by creating a possibility of influencing witnesses.

Malik, a resident of Tantna village in Doda district, was arrested on March 1, 2021, in connection with the case. He was among seven accused chargesheeted by the National Investigation Agency (NIA) on May 22, 2021. The chargesheet included three slain terrorists, identified as Osama Bin Javed, Haroon Abbass Wani and Zahid Hussain.

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The case was initially registered at Kishtwar police station under provisions of the Unlawful Activities (Prevention) Act, Arms Act, Narcotic Drugs and Psychotropic Substances Act and the Indian Penal Code. The NIA later took over the investigation.

The FIR was registered following an incident in which terrorists led by Haroon Ahmad Wani allegedly snatched the service weapon of head constable Daleep Singh, who was posted as escort in-charge of the then Kishtwar deputy commissioner. Three magazines and 90 rounds were also allegedly taken from his rented accommodation on March 8, 2019.

NIA opposes bail

The defence sought bail on the ground of prolonged incarceration, pointing out that Malik had spent more than five years in custody.

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The NIA opposed the plea, arguing that the allegations were serious and that prima facie material existed regarding Malik's alleged role in the case. The agency also submitted that his release could prejudice the ongoing trial.

According to the prosecution, Malik had allegedly worked as an over-ground worker for the proscribed Hizbul Mujahideen and provided food, shelter and other logistical assistance to terrorists Haroon Abbas Wani and Tahir Ahmad Bhat between June 2019 and January 2020.

Wani was killed by security forces on January 15, 2020.

The NIA alleged that Malik had been motivated by the cause of“jihad” and had provided shelter to the terrorists at his residence as well as in an underground cave near his house.

The agency further submitted that there was a possibility of Malik being used again by terrorist handlers to provide clandestine support if released on bail.

The prosecution described him as a“highly motivated terror associate” and alleged that he had made repeated efforts to support terror-related activities. It also claimed that he was about to join Hizbul Mujahideen as an active terrorist when he was arrested.

Court cites gravity of allegations

After considering the submissions from both sides, the Special Judge held that the nature and gravity of the allegations, the material available on record, the progress of the trial and the possibility of the accused influencing witnesses weighed against granting him bail.

The court accordingly rejected Malik's bail application.

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