A special court in Jammu and Kashmir has escalated legal action against a top militant commander, issuing a fresh non-bailable warrant. The court took this step after determining that the accused is deliberately evading arrest and is currently based across the border in Pakistan.
Court Directs Police for Arrest
The order was passed on Saturday by a special judge, designated under the NIA Act, in Budgam district of central Kashmir. The court explicitly ruled that Mohammad Yousuf Shah, who is widely known by his alias Syed Salah-ud-Din, is actively avoiding capture. Consequently, the court has issued formal directions to the Jammu and Kashmir Police to execute his arrest.
This legal action pertains to a case registered under the stringent Unlawful Activities (Prevention) Act (UAPA) dating back to the year 2012. The court found sufficient prima facie evidence to proceed, noting that the accused is implicated in serious offences.
Charges and Evasion of Justice
The court detailed that the evidence suggests Salah-ud-Din committed crimes under specific sections of the UAPA. These include sections 13 (unlawful activities), 18 (conspiracy for terror act), 20 (being member of terror organisation), and 39 (supporting terror organisation). Additionally, a charge under section 506 of the Ranbir Penal Code, which was applicable in the erstwhile state of Jammu and Kashmir at the time, has been invoked.
During the proceedings, the additional prosecuting officer presented crucial information to the court. It was submitted that the accused had crossed over the border and is presently residing in Pakistan. To substantiate this claim, the officer provided two separate certificates issued by the Station House Officer (SHO) of Budgam and the in-charge of the police post at Soibugh in Budgam. Both certificates confirmed the accused's presence in Pakistan.
Pathway for Trial in Absentia
The court also noted the procedural status of the case. The original case diary has been forwarded to a competent authority to obtain the necessary sanction for prosecution. Once this sanction is granted, the investigating agency will be able to file a charge sheet. Following this, the court will be in a position to initiate a trial in absentia against the Hizbul Mujahideen supreme commander.
This development marks a continued effort by Indian authorities to legally pursue individuals accused of terrorism, even when they are operating from foreign soil. The non-bailable warrant underscores the seriousness with which the judiciary is treating the 2012 case.
