Jammu, Sep 2 (KNS) A Special NIA Court here has rejected the bail plea of a private school teacher who has been in custody for over five years for allegedly providing shelter and logistical assistance to Hizbul Mujahideen terrorists in the Doda-Kishtwar area.
Special Judge Prem Sagar dismissed the application filed by Tanveer Ahmad Malik, holding that the material placed before the court disclosed a prima facie case against him and that his release could potentially hamper the trial by giving him an opportunity to influence witnesses.
Malik, a resident of Tantna village in Doda district, was arrested on March 1, 2021, in connection with the case.
The National Investigation Agency (NIA) had filed a chargesheet against seven accused on May 22, 2021. The accused included three terrorists -- Osama Bin Javed, Haroon Abbass Wani and Zahid Hussain -- who were subsequently killed.
The case relates to the alleged looting of a police weapon in Kishtwar in March 2019. According to the prosecution, terrorists led by Haroon Ahmad Wani took away the service rifle of head constable Daleep Singh, who was serving as escort in-charge of the then Kishtwar deputy commissioner, from his rented accommodation.
Three magazines and 90 rounds of ammunition were also allegedly taken.
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.
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Seeking bail, Malik's counsel relied primarily on his prolonged incarceration, pointing out that the accused had remained behind bars for more than five years.
The NIA opposed the plea, maintaining that the allegations against Malik were grave and that the evidence collected during the investigation indicated his alleged association with the banned outfit.
According to the agency, Malik acted as an over-ground worker for Hizbul Mujahideen and allegedly provided food, accommodation and other assistance to terrorists Haroon Abbas Wani and Tahir Ahmad Bhat between June 2019 and January 2020.
Wani was killed in an encounter with security forces on January 15, 2020.
The prosecution alleged that Malik had been influenced by the ideology of "jihad" and had sheltered the terrorists both at his residence and at an underground cave located near his home.
The NIA further told the court that Malik was allegedly preparing to join Hizbul Mujahideen as an active militant and could again facilitate clandestine assistance to terrorists if released on bail.
After examining the submissions and the material available on record, the court said the seriousness of the allegations, the prima facie evidence, the stage of the trial and the possibility of influencing witnesses were factors weighing against granting bail.
The court accordingly rejected Malik's bail application.(KNS).
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