A special court handling cases for the National Investigation Agency (NIA) in Jammu and Kashmir's Budgam district has issued a significant order for the attachment of property belonging to a US-based individual accused under anti-terror laws. The ruling on Tuesday targets assets of Ghulam Nabi Shah, widely known as Dr Fai, in connection with a case registered under the stringent Unlawful Activities (Prevention) Act.
The Court Order and Accused's Profile
The special judge directed the district collector to attach specific plots of land owned by the accused. The property includes 1 kanal and 2 marlas located in Wadwan village and another 11 marlas in Chattabugh village, both within the Budgam district. Dr Fai, who currently resides in the United States, serves as the head of the Washington-based Kashmiri American Council. Indian authorities allege this organisation receives backing from Pakistan.
Legal Proceedings and Non-Appearance
The court's decision stems from the accused's failure to comply with legal directives. Dr Fai was declared an offender in a case originally registered in 2020. The First Information Report (FIR) against him invokes serious sections of the UAPA:
- Section 10: Related to being a member of an unlawful association.
- Section 13: Pertaining to the advocacy of unlawful activity.
- Section 39: Concerning support given to terrorist organisations.
Despite a proclamation order issued in April this year, which gave him 30 days to present himself before the investigating officer, Dr Fai did not appear. The special judge noted that the court was satisfied from the record that the accused had "deliberately and intentionally concealed himself" even after being given an opportunity. This compelled the court to order the attachment of his property.
Background and Recent Police Action
This court order follows concerted action by security agencies against networks alleged to support separatism. Just last month, the Jammu and Kashmir Police conducted searches at multiple locations linked to Dr Fai. Officials stated the raids were part of a drive to dismantle separatist infrastructure and curb networks that support banned organisations in the region. The property attachment is seen as a further step in this legal process against individuals who are abroad and avoiding trial.
The case highlights the continuing efforts by Indian investigative agencies to pursue legal action against those accused of unlawful activities under the UAPA, even when they are based overseas. The attachment of property is a legal measure often taken when a proclaimed offender fails to appear before the court.
