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| NIA Court denies bail in Jammu terror conspiracy case | | | Early Times Report
Jammu, July 27: A Special NIA Court in Jammu has rejected the bail application of an accused facing trial in an alleged terror conspiracy involving procurement of weapons, movement of funds and support to operatives associated with the Lashkar-e-Mustafa militant outfit.
Special Judge, NIA Cases, Jammu, Prem Sagar dismissed the bail plea filed by Imran Ahmed Hajam alias Imran Nabi Hajam, a resident of Nathpora Khanabal in Anantnag district, after observing that the material placed on record disclosed a prima facie case against him.
Hajam is facing trial under Sections 120-B, 121-A and 122 of the Ranbir Penal Code, Sections 18 and 23 of the Unlawful Activities (Prevention) Act, Section 25 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act.
The case was initially registered at Police Station Gangyal in February 2021 after security personnel intercepted a vehicle near Vishal Mega Mart at Kunjwani. An alleged terrorist, Hidayat-Ullah Malik alias Hasnain, was apprehended, while a woman travelling in the vehicle managed to escape.
The investigation was later transferred to the National Investigation Agency, which re-registered the case as RC-01/2021/NIA/JMU.
According to the prosecution, Lashkar-e-Mustafa was allegedly operating at the behest of the proscribed Jaish-e-Mohammed and had conspired to carry out terrorist activities with the intention of threatening the sovereignty, integrity and security of the country.
The NIA alleged that Hajam was closely associated with Hidayat-Ullah Malik, described as the self-styled chief commander of Lashkar-e-Mustafa. It claimed that Hajam received approximately 9 lakh through an alleged terror associate for developing infrastructure and procuring weapons.
The prosecution further alleged that the money was transferred through different bank accounts for purchasing firearms from Bihar. Hajam was also accused of receiving three pistols, magazines and live cartridges and subsequently handing over weapons and grenades to other accused persons.
Opposing the bail application, NIA Special Public Prosecutor K.S. Pathania, assisted by Public Prosecutors Chandan Kumar Singh and Ashwani Verma, argued that the prosecution had sufficient material to establish the accused’s prima facie involvement in the conspiracy.
The agency relied upon alleged pointing-out and Google-plotting memoranda, arrest and personal-search records, photo-identification documents, bank-account details, mobile subscriber records and call-detail records.
Advocate I.H. Bhat, appearing for Hajam, argued that the prosecution case was largely based on disclosure statements that were inadmissible in evidence. He also submitted that the accused had remained in custody for a considerable period and that the trial had progressed slowly despite the framing of charges in July 2022.
The defence also sought parity with a co-accused who had earlier been granted bail by the High Court.
The court, however, held that parity could not be claimed as an absolute right and that the role and material attributed to each accused had to be examined separately.
It observed that courts dealing with bail applications under the UAPA were required to determine whether the accusations appeared prima facie true, without conducting a detailed examination or appreciation of the evidence as would be undertaken during trial.
The court also noted that several relevant witnesses were yet to be examined and that the release of the accused at the present stage could create a possibility of influencing witnesses and obstructing the trial.
Rejecting the plea of prolonged incarceration, the court said the trial was already underway and dates were being fixed for two consecutive days to expedite the proceedings.
Keeping in view the nature and gravity of the allegations, the prima facie material on record and the larger interest of the State, the court rejected the bail application through an order announced on July 22, 2026. (JNF) |
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