Jammu Court Issues Non-Bailable Warrant Against LeT Chief Hafiz Saeed Over Pahalgam Attack

A Jammu court has issued a non-bailable warrant (NBW) against Lashkar-e-Taiba (LeT) chief Hafiz Saeed, a move aimed at prosecuting him for his alleged role in a terror attack in Pahalgam's Baisaran meadow last year. The attack resulted in the deaths of 26 people and triggered a four-day armed conflict between India and Pakistan.

The National Investigation Agency (NIA) requested the warrant after filing a supplementary charge sheet on July 6, naming Saeed as the key conspirator. The agency plans to use the NBW to declare Saeed a proclaimed offender. Given that Pakistan is unlikely to hand over Saeed, who is a UN-designated terrorist, India intends to proceed with a "trial in absentia." This provision is now incorporated into India's new criminal code, the Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically to address cases involving fugitives and economic offenders who evade Indian judicial processes.

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Arrest and custodial interrogation of Hafiz Saeed are necessary for a fair, complete and effective investigation.

People familiar with the matter, speaking on condition of anonymity, confirmed the NIA's strategy. An officer from a law enforcement agency stated that the NBW is necessary for a fair, complete, and effective investigation. Following the issuance of the warrant on July 8, the NIA will formally request Saeed's repatriation from Pakistan. However, anticipating a negative response, the agency will initiate proceedings under Section 356 of the BNSS, which allows for inquiry, trial, or judgment in absentia.

This legal maneuver is designed to bring Saeed to justice, even if he remains outside India's jurisdiction. Previously, despite multiple charge sheets filed against him, Saeed has never faced trial in India due to his absence from court. The inclusion of trial-in-absentia provisions in the BNSS is seen as a significant step to tackle such challenges, enabling legal action against fugitives like Saeed, Dawood Ibrahim, and economic offenders such as Vijay Mallya and Nirav Modi. The NIA has submitted evidence detailing Pakistan's alleged conspiracy and Saeed's involvement, gathered through meticulous scientific and on-ground investigations.

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Based on this NBW, we will seek to declare Saeed a proclaimed offender. It will be sent to Pakistan through formal channels followed by a request to repatriate him. Since we know Pakistan will not respond to India’s judicial requests, Saeed’s trial will be conducted in absentia as per section 356 of the BNSS.