Jammu court issues non-bailable warrant against Hafiz Saeed in Pahalgam case

A Jammu court has issued a non-bailable warrant against Lashkar-e-Taiba (LeT) chief Hafiz Saeed in connection with the Pahalgam attack case.

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, including the 2008 Mumbai terror attacks.

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.

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Under the Bharatiya Nagarik Suraksha Sanhita (2023), a trial may be conducted in absentia for an absconding accused once they have 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.

Tying acts of terror to Pakistan

CNN-News18 has reported that the warrant against Saeed and the proposed trial in absentia form part of India's broader effort to corner Pakistan internationally over terrorism.

Under the plan, the NIA is seeking to build what sources described as an "airtight judicial record" of Saeed's alleged involvement in the Pahalgam attack and use it to strengthen India's case against Pakistan.

The agency intends to send the warrant and any subsequent proclamation to Pakistan through the Ministry of Home Affairs and the Ministry of External Affairs.

Sources told CNN-News18 that the proclamation and Pakistan's response—or lack thereof—would be added to the material linked to Saeed's active Interpol Red Corner Notice, a global request to law enforcement agencies to locate and provisionally arrest a fugitive for prosecution or to serve a sentence.

The NIA also plans to send letters rogatory to Pakistan. These are formal requests through which courts in one country seek assistance from courts in another on matters of transnational importance.

The broader idea behind the government's approach is to exhaust every available judicial and diplomatic mechanism and pre-empt any countermeasures that Pakistan may adopt.