A Jammu court has granted a second 45-day extension to the National Investigation Agency (NIA) to complete its investigation into the April 22 Pahalgam attack in which terrorists killed 25 tourists and a local resident.
The Unlawful Activities (Prevention) Act imposes a 90-day ceiling for custody of suspects. This period can be extended by 180 days if a court is satisfied that there is sufficient cause. The NIA got the first extension of 45 days on September 19.
The agency got the second extension on October 30 from Additional Sessions Judge Sandeep Gandotra, designated as a special judge under the NIA Act, to conclude its investigation and file a chargesheet against the accused persons — Bashir Ahmad Jothatd and Parvaiz Ahmed.
The two men, both Pahalgam residents, were arrested on June 22 on the charges of harbouring the terrorists involved in the attack and providing them food and other logistical support.
The court’s move came after the NIA said it had made substantial progress in its investigation but was awaiting forensic reports on DNA, ballistics, IED and digital data recovered from three terrorists, all Pakistani nationals, who were killed in a shootout on July 28.
The NIA counsel said the accused persons in their custody must be confronted with the forensic findings before the filing of the chargesheet.
These three terrorists — Suleman Shah, a top Lashkar-e-Taiba commander trained at Muridke, Hamza Afghani and Jibran — are believed to be behind the Pahalgam killings.
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Opposing the plea, Defence Counsel Ashwani Kumar argued that the NIA had already been given sufficient time but had failed to establish any direct evidence against the accused persons.
The judge observed that the investigation was being carried out “in a proper and professional manner” and that the complexity and sensitivity of the evidence justified an extension under the UAPA.
It directed the chief investigating officer to expedite the process and submit the final report “as soon as possible” as the “heinous” attack “shocked the entire Union Territory”.
In August, the court had rejected an NIA plea to conduct a narco-analysis and polygraph examination on the two arrested men, 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”.
