New Delhi: The National Investigation Agency (NIA) is preparing to initiate legal proceedings to try Lashkar e Taiba chief Hafiz Saeed in absentia in connection with the Pahalgam terror attack, marking the first major use of provisions introduced under the Bharatiya Nagarik Suraksha Sanhita, 2023.
According to sources, the agency will first approach the Special Court seeking non bailable warrants against Saeed before requesting that he be declared a proclaimed offender. The move is expected to pave the way for an in absentia trial if he fails to appear before the court.
Officials believe the proceedings will establish a comprehensive judicial record by documenting every legal step, including the issuance of warrants, summons and formal notices. The objective is to ensure that any eventual conviction is legally robust and capable of withstanding international scrutiny.
As part of the process, the court’s proclamation is expected to be routed through the Ministries of Home Affairs and External Affairs before being formally conveyed to Pakistan via the Indian High Commission in Islamabad. The NIA also plans to issue court summons and Letters Rogatory seeking Pakistan’s cooperation. Any failure to respond or comply will become part of the official judicial record.
The agency intends to record evidence electronically during the proceedings, allowing the trial to continue despite Saeed’s absence. Investigators believe a conviction by an Indian court would carry greater legal weight internationally than diplomatic dossiers alone.
The chargesheet is expected to name Saeed both individually and in his alleged role as the chief of Lashkar e Taiba.
Officials say a conviction would strengthen India’s efforts to seek stricter international action against Saeed by presenting court records before the United Nations Security Council Sanctions Committee and other global partners. The government also plans to use the judicial findings to press for stronger financial sanctions, travel restrictions and asset freezes against Saeed and organisations allegedly linked to him, while reinforcing its position that Pakistan continues to shelter a convicted terrorist.
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