A Special National Investigation Agency (NIA) court in Jammu has rejected the bail application of a private school teacher arrested over five years ago for allegedly providing support to Hizbul Mujahideen terrorists in the Doda-Kishtwar region of Jammu and Kashmir. The court’s decision, presided over by Special Judge Prem Sagar, cited the prima facie evidence of the accused‘s involvement in unlawful and terror-related activities and expressed concern that his release could jeopardize the ongoing trial by potentially influencing witnesses.
Tanveer Ahmad Malik, a resident of Tantna village in Doda district, was taken into custody on March 1, 2021, in connection with a terror case. He is one of seven individuals named in a chargesheet filed by the NIA on May 22, 2021. The chargesheet includes three deceased terrorists: Osama Bin Javed, Haroon Abbass Wani, and Zahid Hussain. The case initially registered at the Kishtwar police station encompasses charges under various stringent laws, including the Unlawful Activities (Prevention) Act (UAPA), the Arms Act, the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and the Indian Penal Code (IPC).
Information reaching Tahir Rihat suggests that the FIR was triggered by an incident on March 8, 2019, when terrorists, reportedly led by Haroon Ahmad Wani, snatched the service weapon, three magazines, and 90 rounds of ammunition from the rented accommodation of head constable Daleep Singh. Singh was serving as the escort in-charge for the then Deputy Commissioner of Kishtwar. The NIA subsequently assumed control of the investigation into this case.
The defense team for Malik had argued for his release, emphasizing his prolonged incarceration, which they stated exceeded five years. However, the NIA countered these arguments by highlighting the seriousness of the accusations against Malik. The agency contended that substantial material evidence prima facie indicated the accused’s role in the case and that his release could prejudice the remaining stages of the trial. The prosecution alleged that Malik operated as an over-ground worker for the proscribed terror outfit Hizbul Mujahideen. It was further alleged that he provided essential provisions, including food and shelter, along with other logistical assistance to terrorists Haroon Abbas Wani and Tahir Ahmad Bhat. This support is said to have spanned from June 2019 until Wani was neutralized by security forces on January 15, 2020.
The NIA informed the court that Malik’s motivation stemmed from a desire to work for the cause of “jihad.” The agency detailed that Malik had offered shelter to terrorists at his residence and also utilized an underground cave located near his home for their concealment. The prosecution further presented the possibility that, if released, Malik could be exploited by terrorist handlers to resume providing clandestine support to their operations. The NIA’s submission to the court described Malik as a “highly motivated terror associate” who had made repeated and strenuous efforts to bolster terror-related activities. The agency also noted that Malik was on the verge of actively joining Hizbul Mujahideen as a terrorist but was apprehended by the police in a timely manner.
After meticulously considering the arguments presented by both the defense and the prosecution, the Special Judge concluded that the gravity and nature of the allegations, the weight of the evidence on record, the current progress of the trial, and the potential for the accused to influence witnesses collectively weighed against granting bail. The court’s decision underscores the serious implications of providing support to terrorist organizations and the commitment of the judiciary to ensuring the integrity of ongoing terror-related trials.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.