NIA court denies bail to school teacher after 5 years in jail
Prima facie charges used to prolong detention of civilians in IIOJK
Jammu: In yet another example of the height of repression in Indian illegally occupied Jammu and Kashmir, a Special NIA court in Jammu has rejected the bail application of a private school teacher who has languished in custody on concocted charges.
According to Kashmir Media Service, Special Judge Prem Sagar dismissed the bail plea of Tanveer Ahmad Malik, a resident of Tantna village in Doda district, observing that the material on record “prima facie” indicated his alleged involvement in “providing shelter and logistical support to militants”, and that his “release could affect the ongoing trial”.
Malik was arrested on March 1, 2021, and was chargesheeted by the National Investigation Agency (NIA) on May 22, 2021. The case was initially registered at Kishtwar police station under the draconian Unlawful Activities (Prevention) Act, Arms Act, NDPS Act and Indian Penal Code before being taken over by the NIA. The FIR pertains to an incident on March 8, 2019, in which some unknown people allegedly snatched the service weapon of a head constable posted as escort to the then Deputy Commissioner of Kishtwar.
The NIA alleged that Malik acted as an over-ground worker and provided food, shelter and other logistical assistance to ‘militants’ between June 2019 and January 2020. The agency claimed he had sheltered them at his home. In Kashmiri society, hospitality toward guests and strangers is a deeply rooted cultural and moral value. Rights observers say India is now weaponizing this centuries-old tradition of mehman-nawazi to frame ordinary Kashmiri civilians under draconian laws like UAPA.
The defence sought bail on the ground of prolonged, pointing out that Malik has spent more than five years in jail without conviction. The NIA opposed the plea, arguing that his release could prejudice the ongoing trial.
Legal experts and rights observers say the denial of bail after five years in custody on the basis of “prima facie” material under UAPA reflects New Delhi’s policy of using black laws to criminalize civilians, prolong detentions and suppress dissent in IIOJK.
Thousands of Kashmiris, including teachers, students, journalists and political activists, continue to face similar prolonged incarceration without trial under UAPA and PSA.
