Pahalgam attack: At ‘crucial juncture’ of probe, NIA gets extended custody of accused

The UAPA imposes a 90-day ceiling for custody of suspects arrested under it for police investigation. However, this period can be extended by 180 days if the court is satisfied that there is sufficient cause.

The arrested accused’s statutory 90-day custody was to end on September 19.

Seeking the extension, public prosecutor Chandan Kumar Singh said that cited “the recovery of Pakistani phone numbers” from the accused, adding that the forensic and DNA reports of various seized items were awaited. The items are being analysed to establish links of the suspects with terrorists killed during an encounter on July 28.

According to security forces, three terrorists – Suleiman, Hamza Afghani and Jibran in Dachigam – killed in an encounter on the outskirts of Srinagar town on July 28 were behind the killing of 26 people at Pahalgam on April 22.

During his arguments, the public prosecutor said the arms and ammunition seized in the July 28 encounter were also under forensic analysis.

Defence counsel Ashwani Kumar, however, opposed the NIA application, arguing that the accused had already been in custody for two months without any conclusive evidence, and that the NIA had failed to complete the investigation within the time granted.
The Special Judge for NIA Court, Sandeep Gandotra, rejected the defence argument, observing that the allegations were grave and directly linked to national security.

Citing pending forensic reports and crucial witness statements, the court ruled that the investigation could not be completed within the statutory 90 days and allowed a 45-day extension of remand.

The Judge observed that “a prima facie case is made out for extension of remand and detention of accused beyond the stipulated period,” directing the investigating officer to complete the probe expeditiously.

Pahalgam residents Bashir Ahmad Jothatd and Parvaiz Ahmed, were arrested on June 22 for allegedly harbouring and providing food and other logistical support to the terrorists involved in the April 22 attack.

The NIA Court had last month rejected the NIA application seeking permission to conduct a polygraph/narco analysis test of the arrested accused, saying that “involuntary administration of scientific techniques such as narco-analysis, polygraph examination test would violate the right against self-incrimination enumerated in Article 20(3) of the Constitution”.