New Delhi: The National Investigation Agency (NIA) has achieved a significant legal breakthrough in its probe into the Pahalgam terror attack. A special court in Jammu has issued a non-bailable warrant against Hafiz Saeed, the Pakistan-based Lashkar-e-Taiba chief and an accused in the 26/11 Mumbai attacks. The NIA informed the court that bringing Saeed to India is not currently feasible and sought permission to initiate trial proceedings in his absence under the new criminal laws. Following the court’s order, the agency is expected to begin the process of declaring him a fugitive.
What is the importance of the court order?
This order of the Jammu court is not limited to non-bailable warrants only. Legal experts say that this has given the investigating agency the basis to proceed with the process of initiating the case in the absence of the accused. If the accused does not appear in the court even after completion of the prescribed legal process, the trial against him can continue in his absence. Due to this, the judicial process in such cases does not remain stuck for long.
How was Hafiz Saeed’s role revealed in the Pahalgam attack?
NIA, in its supplementary charge sheet filed on July 6, has named Hafiz Saeed as the main conspirator of the Pahalgam terror attack. According to the investigating agency, the attack was planned in Pakistan, and the role of the top leadership of Lashkar-e-Taiba has come to light in its conduct. Based on digital evidence, intelligence inputs and other technical inputs collected during the investigation, the agency claimed in the court that there was sufficient evidence against Saeed.
How does the path to ‘trial in absence’ open?
For the first time, the new Indian criminal laws have made a clear provision for trial in absentia against absconding accused who deliberately do not appear before the court. Under the process, summonses and warrants are first issued. Even after this, if the accused does not appear, he can be declared a fugitive. If the necessary conditions are fulfilled, the court can order recording of statements of witnesses in his absence and proceed with the hearing of the case.
Who else’s names have come up in the investigation?
NIA has already filed a chargesheet against many accused in the Pahalgam terror attack. In the initial charge sheet, three terrorists from Pakistan, Suleman, Jibran and Hamza Afghani, besides LeT affiliate Sajid Saifullah Jatt and local associates Bashir Ahmed and Parvez Ahmed were made accused. After adding the name of Hafiz Saeed in the supplementary chargesheet, the agency claims that the link of the entire conspiracy of the attack is now becoming clear.
Will the direction of legal action against terrorists change?
Security agencies believe that this order can prove important in taking action against terrorists sitting across the border. For a long time, India has been demanding the extradition of such terrorists, but due to lack of cooperation from Pakistan, the hearing in many cases got affected.
Now, with the system of trial in absentia, the courts will be able to proceed with the hearing in such cases on the basis of evidence. 26 people lost their lives in the Pahalgam attack, and the NIA is continuously investigating the role of an international terrorist network in this case.
