Jammu, August 22, 2026 (Yes Punjab News)
A Special National Investigation Agency (NIA) court in Jammu has rejected the bail application of Insha Jan alias Insha Tariq, an accused in the 2019 Pulwama terror attack case that killed 40 CRPF personnel.
In a 15-page order delivered on August 20, Special Judge Prem Sagar held that sufficient material was available to presume that the allegations against Jan were prima facie true. The court also held that the statutory restriction under Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) applied in her case, preventing her release on bail at this stage.
Jan, a resident of Harkipora village in south Kashmir’s Pulwama district, was arrested along with her father, Peer Tariq Ahmad Shah, on March 3, 2020. She is facing trial under provisions of the Ranbir Penal Code (RPC), UAPA, Arms Act and Explosive Substances Act. Charges were framed against her on December 10, 2022.
According to the NIA chargesheet, Jan was allegedly involved in the terror conspiracy and remained in contact with Pakistani Jaish-e-Mohammed (JeM) terrorist Muhammad Umar Farooq. Farooq and another Pakistani terrorist, Mohd. Kamran Ali, were allegedly involved in planning the Pulwama attack before being killed in separate encounters with security forces.
Jan is accused of providing food, shelter and logistical support to the two terrorists and other JeM operatives. The NIA also alleged that a video of suicide bomber Adil Ahmad Dar, which surfaced after the February 14, 2019 attack, was recorded at Jan’s house on January 28 and 29.
During the bail proceedings, the defence cited Jan’s more than six years in custody, alleged delays in the trial and her health condition. It submitted that 49 of 240 prosecution witnesses had been examined at the relevant stage and argued that the trial could continue for several more years.
The defence also claimed that the witnesses examined so far had not directly or indirectly connected Jan with the alleged offences and that no incriminating material had been recovered from her. It cited chronic dermatological problems, cervical spondylosis and chronic headaches, arguing that she required specialised medical treatment.
The NIA opposed the plea, describing it as without merit and alleging that Jan had played a deliberate role in facilitating shelter, food and other logistical support for JeM terrorists.
According to the agency, Jan and her family were introduced to JeM terrorists by a neighbour in May 2018, after which Farooq and Ali visited their house in June that year. The agency alleged that the terrorists subsequently visited the residence regularly while carrying arms and ammunition.
The NIA further alleged that in January 2019, Farooq, Adil Ahmad Dar and Sameer Ahmad Dar stayed at the house for several days with sophisticated weapons and ammunition. The agency also relied on communications between Jan and Farooq, including WhatsApp calls, voice notes and photographs recovered from Farooq’s mobile phone after his death.
The court noted that Section 43-D(5) of the UAPA bars the release on bail of an accused facing charges under Chapters IV and VI when, after examining the case diary or chargesheet, the court finds reasonable grounds to believe that the accusations are prima facie true.
“There is sufficient evidence to presume that prima facie, the accusation against the applicant is true,” the court said while rejecting Jan’s bail application.
The court also declined to treat the delay in the trial as sufficient grounds for bail, noting that proceedings were underway and witnesses were being examined. It observed that her release could create a likelihood of her influencing key witnesses and potentially hamper the administration of justice.
The judge also found that Jan’s medical condition did not warrant bail, describing it as not life-threatening or requiring urgent relief. However, jail authorities were directed to ensure that she received all necessary medical care.
The court clarified that its observations while deciding the bail plea would not affect the merits of the main criminal trial.
The February 14, 2019 Pulwama suicide attack, in which 40 CRPF personnel were killed, led to a major escalation in tensions between India and Pakistan. India subsequently carried out an airstrike on a Jaish-e-Mohammed facility in Pakistan’s Balakot.
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