Pahalgam attack: Special court extends period of probe, accused's custody

Jammu: A special NIA court in Jammu has extended by 45 days -- beyond the stipulated 90-day period -- the custodial remand of two accused arrested for allegedly harbouring Pakistani terrorists involved in the deadly Pahalgam terror attack in April.

Special NIA judge Sandeep Gandotra on September 18 extended the investigation and remand period of Bashir Ahmad Jothat, who hails from Baisaran in Pahalgam and Parvaiz Ahmad from Batkote in Pahalgam.

The court held a prima facie case in favour of the extension of the remand and the investigation in view of the allegations, progress of investigation and pending forensic and DNA profiling reports.

"Accordingly, the extension for a period of 45 days is given to the investigating officer for the investigation of the case beyond the period of 90 days in favour of accused Bashir Ahmad Jothat and Parvaiz Ahmad with direction to complete the investigation of the case as soon as possible," the order said.

The court directed the investigating officer to expedite and complete the investigation at the earliest. The 90-day period of remand for investigation as well as 10 days of judicial remand in respect of the two accused persons was due to expire on Friday.

After the expiry of the earlier remand, Parvaiz Ahmad Jothat and Bashir Ahmad Jothat were produced through virtual mode on September 18 before the court, which extended their period of investigation and remand to enable the NIA to carry out its probe, officials said.

The judge observed the plea for a 90-day extension of investigation was "well-founded" and "deserved acceptance" as the crucial stage of the probe.

The court noted several witness statements and forensic reports were pending.

"The report of DNA profiling of accused persons for comparison is also awaited. A prima facie case is made out for extension of remand and detention of accused beyond the stipulated period of 90 days," it said.

Public Prosecutor Chandan Kumar Singh, representing NIA, had moved an application seeking extension of custody from 90 to 180 days under provisions of UAPA.  The prosecution argued that crucial evidence, including statements of witnesses, forensic reports, DNA profiling of seized blankets and shawls, and analysis of mobile data linked to Pakistani numbers, was still awaited. More suspects and overground workers were claimed to have surfaced during the probe, besides recoveries from a July 28 encounter, in which three terrorists were killed, pending expert examination.

"Some Pakistani numbers have been recovered from the mobile phones of the accused and their details have to be ascertained. Three terrorists have been killed and some recoveries have been made from them, which have been sent to NFSU Gandhinagar, the report of which is still awaited. Some arms and ammunition have also been recovered from the killed terrorists in the encounter on July 28, and the details of the FSL report are still awaited," the prosecutor said.

Singh said some blankets, shawls and bedsheets were recovered at the behest of Jothat and Ahmad, and were sent to CFSL Chandigarh for extraction of DNA to be matched with the killed terrorists.

"The report of the same is still awaited," he added. The case, re-registered by the NIA, pertains to the killing of tourists from a particular community at Baisaran meadow, Pahalgam, on April 22, 2025. The accused, Bashir Ahmad Jothat and Parvaiz Ahmad, were arrested on June 22 and have been in judicial custody at Amphalla Jail in Jammu.

According to the NIA, the accused disclosed the identities of the three armed terrorists involved in the attack and confirmed that they were Pakistani nationals affiliated with the banned terrorist outfit Lashkar-e-Taiba (LeT).

The federal agency alleged that Parvaiz and Bashir had knowingly harboured the terrorists at a seasonal ''dhok'' (hut) in Hill Park in Pahalgam before the April 22 attack that left 26 people, mostly tourists, dead and 16 others injured.