The case was initially registered at Kishtwar police station under various sections of the Unlawful Activities (Prevention) Act (UAPA), the Arms Act, the Narcotic Drugs and Psychotropic Substances Act, and Indian Penal Code.
The FIR followed terrorists led by Haroon Ahmad Wani snatching the service weapon of head constable Daleep Singh, who was posted as escort in-charge of the then Kishtwar deputy commissioner, along with three magazines and 90 rounds from his rented accommodation on March 8, 2019.
The NIA subsequently took over the case.
The defence sought bail for Malik citing prolonged incarceration, arguing that he had spent more than five years in jail.
However, the NIA argued that the accusations against Malik were serious, that prima facie material existed against the accused’s role in the case, and that his release could prejudice the remaining trial.
The prosecution alleged that Malik had worked as an over-ground worker for proscribed terror outfit Hizbul Mujahideen and had provided food, shelter and other logistical support to terrorists Haroon Abbas Wani and Tahir Ahmad Bhat from June 2019 to January 2020, until Wani was killed by security forces on January 15, 2020.
The NIA informed the court that Malik had been motivated to work for the cause of “jihad” and had provided the terrorists shelter at his house as well as in an underground cave near his residence.
The prosecution said there remained a possibility that, if released, he could again be used by terrorist handlers to provide clandestine support.
“The accused is a highly motivated terror associate who had repeatedly put up hectic efforts to support terror-related activities… He was about to join the Hizbul Mujahideen as an active terrorist, but fortunately he was arrested by police at the right time,” it said.
After considering the submissions of both sides, the Special Judge concluded that the nature and gravity of the allegations, the material available on record, the progress of the trial and the possibility of the accused influencing witnesses weighed against his release.
