Early Times Report
Jammu, Aug 10: The Special Judge, NIA Cases, Jammu Prem Sagar has rejected the bail plea of Reyaz Ahmed Nengroo, an accused in the 2018 Jhajjar Kotli terror conspiracy case, holding that prolonged incarceration and delay in trial cannot by themselves outweigh the gravity of allegations and the prima facie material relied upon by the prosecution.
Nengroo is facing trial in RC Nos. 29 and 30/2018/NIA/DLI for offences under the RPC, Arms Act, Unlawful Activities (Prevention) Act, Explosive Substances Act and Indian Wireless Telegraphic Act. He was represented by Advocate I.H. Bhat, while K.S. Pathania, SPP, along with prosecutors Chandan Kumar Singh and Ashwani Verma, appeared for the NIA.
The case stems from the alleged infiltration of three Jaish-e-Mohammad terrorists into Jammu and Kashmir during the intervening night of September 11 and 12, 2018. According to the case record, the terrorists were allegedly tasked by Pakistan-based handlers to carry out terrorist attacks and wage war against the Government of India.
The prosecution case states that on September 12, 2018, a truck was intercepted near the Suketar police checkpoint on the Jammu-Srinagar National Highway. Terrorists allegedly travelling in the vehicle opened fire and fled towards the adjoining forest area. The record states that Nengroo and another accused were arrested from the scene and arms, ammunition, explosives and other alleged incriminating material were seized.
The three terrorists who escaped were subsequently traced during a security operation at Dhirti Kakaryal in Katra and were killed in an exchange of fire with security forces on September 13, 2018, according to the court record.
The NIA alleged that Nengroo had provided his truck to his brother as part of a conspiracy to receive Pakistani JeM terrorists from the Kathua-Samba sector. The prosecution further alleged that the truck, with three terrorists travelling in its cargo cabin, was subsequently handed over to Nengroo for their onward transportation towards Kashmir.
Seeking bail, the accused argued that he had remained in custody since September 12, 2018, that the charge-sheet cited as many as 215 witnesses and 299 documentary exhibits, and that only a few witnesses had been examined. The defence contended that the prolonged trial and incarceration entitled him to release and disputed the evidentiary basis of the prosecution case.
The NIA opposed the plea, invoking the statutory restriction under Section 43D(5) of the UAPA and arguing that the accused could flee, tamper with evidence or influence witnesses if released. The agency also told the court that Nengroo’s elder brother Ashaq Ahmed Nengroo remained absconding and a general warrant of arrest had been issued against him.
The prosecution further relied on Call Detail Records, claiming that the accused persons were in constant contact with each other and were found to be present at the relevant location at the time of the incident.
While considering the plea, the Court observed that Nengroo faces serious charges under Chapters IV and VI of the UAPA and noted that the material and statements of prosecution witnesses were sufficient, at the bail stage, to presume that the accusations were prima facie true.
The Court held that the accused was therefore not entitled to bail in view of Section 43D(5) UAPA and observed that delay in trial, particularly in a militancy-related case, could not be treated as sufficient ground by the trial court for release.
The Special Judge further noted that the trial was underway and relevant witnesses were still to be examined. The Court expressed apprehension that if Nengroo was released, he could influence key witnesses and hamper the judicial process. It also rejected the argument that an accused under a special enactment should automatically secure bail merely after spending a specified period in custody despite prima facie material being available.
Accordingly, taking into consideration the nature and gravity of the offences and the larger interest of the State/UT, the Court rejected Nengroo’s bail application. (JNF) |
