Prolonged incarceration fails to secure bail for Kashmiri in UAPA case
NIA court rejects Reyaz Nengroo’s plea after nearly eight years in custody
Jammu: In Indian illegally occupied Jammu and Kashmir, the Special Court for National Investigation Agency cases in Jammu has rejected the bail plea of Kashmiri detainee Reyaz Ahmed Nengroo, who has remained in custody since September 2018 in connection with the Jhajjar Kotli case, underscoring the prolonged incarceration faced by Kashmiris under India’s draconian laws.
According to Kashmir Media Service, Special Judge NIA Cases Jammu Prem Sagar dismissed Nengroo’s bail application, observing that the gravity of the allegations outweighed the argument of prolonged incarceration and delay in trial.
Nengroo is facing charges under the RPC, Arms Act, Unlawful Activities (Prevention) Act, Explosive Substances Act and Indian Wireless Telegraphic Act.
The defence argued that Nengroo had been in custody since September 12, 2018, while the charge-sheet involved 215 witnesses and 299 documentary exhibits, with only a few witnesses having been examined so far. It contended that the prolonged delay in the trial and nearly eight years of incarceration entitled him to bail.
The National Investigation Agency opposed the plea under Section 43D(5) of the UAPA, arguing that the accused could flee, influence witnesses or tamper with evidence if released. The agency also relied on call detail records and alleged links between the accused persons.
The court, however, held that the prosecution material and statements of its witnesses were sufficient at the bail stage to presume that the allegations against Nengroo were prima facie true. It observed that the statutory restrictions under the UAPA prevented the grant of bail in the circumstances of the case.
The court further noted that the trial was still underway and important witnesses remained to be examined, expressing apprehension that the accused could influence witnesses and hamper the judicial process if released.
