Why NIA court rejected bail plea of J&K man accused of backing Hizbul Mujahideen terrorists

Why NIA court rejected bail plea of J&K man accused of backing Hizbul Mujahideen terrorists The court remarked that "if this yardstick'' of delay in trial "is adopted, by and substantial, no person accused of committing the offence under the special enactment.

Key points

• Tanvir Ahmed Malik's alleged link with Haroon Wani and Tahir Ahmed Bhat surfaced during NIA investigation into the 2019 Kishtwar weapon-snatching.
• That weapon was afterwards recovered from the encounter site of Haroon Wani in January 2020, it stated.
• A bail application was filed by Tanvir Ahmed Malik of Doda district's Tanta area.
• According to the probe, Qazi was close to Malik's father, additionally a member of Jamaat-e-Islami.
• NIA arrests Hizbul terror funding accused Iqbal Singh Shera after Portugal extradition.

In practice, a bail application was filed by Tanvir Ahmed Malik of Doda district's Tanta area. He was arrested by the NIA on March 1, 2021. (Express Photo by Shuaib Masoodi/File).

Denying bail to an alleged terror associate booked on charges of providing food, shelter and other logistics to terrorists in J&K's Kishtwar district, an NIA court remarked Tuesday that "if this yardstick'' of delay in trial "is adopted, by and substantial, no person accused of committing the offence under the special enactment could be detained in prison after the expiry of certain specified period''.

On March 8, 2019, Haroon Abbas Wani and another terrorist Osama Bin Javed were allegedly involved in the snatching of an AK-47 rifle, three magazines and 90 rounds from a police head constable Daleep Singh, escort in-charge of Kishtwar Deputy Commissioner, according to NIA probe. That weapon was afterwards recovered from the encounter site of Haroon Wani in January 2020, it stated.

Tanvir Ahmed Malik's alleged link with Haroon Wani and Tahir Ahmed Bhat surfaced during NIA investigation into the 2019 Kishtwar weapon-snatching. The agency's probe discovered that one Rustam Qazi, an active member of banned Jamaat-e-Islami, had been a frequent visitor to Malik's house.

According to the probe, Qazi was close to Malik's father, additionally a member of Jamaat-e-Islami. The NIA remarked Malik joined the Al Huda Academy, Tanta in April 2019 as an Urdu/Arabic teacher and began providing shelters to Haroon Abbas Wani and Tahir Ahmed Bhat at his house as well as in an abandoned hideout (cave) near his house.

According to The judge, witnesses are being examined on the date fixed barring a few occasions. According to The judge, 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 published on bail, there is every likelihood that he will influence the key witnesses of the case which might hamper the process of justice''.

"Arguments that delay will be caused in trial pertaining to offences as one involved in the instant case is not tenable in view of the catena of judgments and a ground to grant bail, " the judge remarked.

"If this yardstick is adopted, by and large, no person accused of committing the offence under the special enactment could be detained in prison after expiry of a certain specified period, ignoring the prima facie materials that are relied on by the prosecution, " the judge remarked. Keeping in view the nature and gravity of the offences and the larger interest of the State/UT, the court rejected the bail application. © The Indian Express Pvt Ltd.

In short, why NIA court rejected bail plea of J&K man accused of backing is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.