Special NIA court issues non-bailable warrant against Pakistan based top terrorist Hafiz Saeed in Pahalgam terror case

In a significant development in the Pahalgam terror attack investigation, a Special NIA Court in Jammu on Tuesday issued an open-dated non-bailable warrant against Pakistan-based Lashkar-e-Taiba (LeT) founder Hafiz Muhammad Saeed, observing that his arrest is essential for a fair and effective probe and directing the National Investigation Agency (NIA) to execute the warrant in accordance with the law.

The order was passed by the Special Judge of the NIA Court, two days after the anti-terror agency filed a supplementary chargesheet against Saeed in the case on 8 July. Saeed, designated a global terrorist by India and the US, is also considered the mastermind of the 2008 Mumbai terror attacks.

Following the issuance of the warrant, Saeed is set to be tried in absentia in the case.

The National Investigation Agency (NIA) has accused Saeed’s outfit, LeT, of being behind the Pahalgam attack. The group has been linked to several other acts of terrorism.

The warrant is the first step towards putting Saeed on trial in absentia. If he fails to appear before the court, the NIA is expected to argue that he is wilfully evading justice and seek to have him declared a proclaimed offender, paving the way for trial proceedings in his absence.

Under the Bharatiya Nagarik Suraksha Sanhita (2023), a trial may be conducted in absentia for an absconding accused once he has been declared a proclaimed offender. Such individuals can be tried, convicted, and sentenced in absentia.

Saeed is among India’s most wanted individuals and is an accused in multiple terrorism-related cases, including the 2008 Mumbai terror attacks and allegations of supporting separatist groups in Jammu and Kashmir.

Saeed is residing in the Sargodah town of Pakistani Punjab and was deliberately evading his arrest, it was observed.