New Delhi: The National Investigation Organ (NIA) has got a major legal success in the investigation of Pahalgam terrorist attack. The special magistrate of Jammu has issued a non-bailable warrant versus Hafiz Saeed, the leader of Lashkar-e-Taiba present in Pakistan and the mastermind of 26/11 Mumbai attack. NIA says that it is not possible to bring Hafiz Saeed to India at present, hence the process of trying him in his sparsity should be started under the new criminal laws. Without the court's order, the investigating organ will now move towards declaring him a fugitive.
What is the importance of the magistrate order?
This order of Jammu magistrate is not stuff limited to non-bailable warrants only. Legal experts say that this has given the investigating organ the understructure to proceed with the process of initiating the specimen in the sparsity of the accused. If the accused does not towards in the magistrate plane without completion of the prescribed legal process, the trial versus him can protract 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 tuition sheet filed on July 6, has named Hafiz Saeed as the main conspirator of the Pahalgam terror attack. According to the investigating agency, the wade 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 placid during the investigation, the organ personal in the magistrate that there was sufficient vestige versus Saeed.
How does the path to 'trial in absence' open?
For the first time, the new Indian criminal laws have made a well-spoken provision for trial in absentia versus absconding accused who deliberately do not towards surpassing the court. Under the process, summons and warrants are first issued. Plane without this, if the accused does not appear, he can be supposed a fugitive. If the necessary conditions are fulfilled, the magistrate can order recording of statements of witnesses in his sparsity and proceed with the hearing of the case.
Who else's names have come up in the investigation?
NIA has once filed chargesheet versus many accused in the Pahalgam terror attack. In the initial tuition sheet, three terrorists from Pakistan, Suleman, Jibran and Hamza Afghani, besides LeT unite Sajid Saifullah Jatt and local toadies Bashir Ahmed and Parvez Ahmed were made accused. Without subtracting the name of Hafiz Saeed in the supplementary chargesheet, the organ claims that the link of the unshortened conspiracy of the wade is now rhadamanthine clear.
Will the direction of legal whoopee versus terrorists change?
Security agencies believe that this order can prove important in taking whoopee versus terrorists sitting wideness the border. For a long time, India has been taxing 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 worldly-wise to proceed with the hearing in such cases on the understructure of evidence. 26 people lost their lives in the Pahalgam wade and the NIA is continuously investigating the role of international terrorist network in this case.
