New Delhi: The Government of India continuously adopts new measures to crack down on terrorists. Amidst this, preparations are underway to take action against Hafiz Saeed, the terrorist mastermind based in Pakistan. A special NIA court in Jammu has issued a non-bailable warrant against Hafiz Saeed in connection with the Pahalgam terror attack.
The court has clearly stated that Saeed’s arrest is crucial for an effective investigation into the case. The major question arising here is whether the government will be able to bring Hafiz Saeed to India based on this warrant. When and what steps will India take against this terror mastermind who enjoys the protection of the ISI and the Pakistani Army? You can learn more about the key details in the article below.
Lesson to be taught to the Pahalgam conspirator
Terrorists carried out an attack in Pahalgam on April 22 last year, claiming the lives of 26 tourists. The NIA filed a supplementary charge sheet in this case just last week, on July 6. The charge sheet alleges that the conspiracy for the terror attack was hatched by Lashkar-e-Taiba chief Hafiz Saeed.
The charge sheet also accuses Hafiz of waging war against India. Based on this charge sheet, the court has issued a non-bailable warrant. The biggest hurdle, however, is that Hafiz Saeed is currently in Pakistan; the question remains as to how he can be brought to India.
Understand the implications of a non-bailable warrant
Courts issue two types of warrants. These serve as authorisation from the court to the police or investigative agencies, enabling the easy arrest of the accused. There are two categories of warrants: bailable warrants, where bail can be granted immediately after arrest;
and non-bailable warrants, which are issued when it appears the accused is deliberately evading the hearing or when the case is so serious that immediate bail cannot be granted. The NIA itself has provided significant information in the charge sheet, so this move is not entirely without effect. With the issuance of the warrant, the path is now fully clear to declare Hafiz Saeed a fugitive and try him in absentia.
Find out what options exist for bringing Hafiz to India.
Did you know that Pakistan is a democratic country with its own laws and regulations? Consequently, Indian security agencies cannot legally arrest Hafiz within Pakistan, even if they wished to do so. They can, however, demand his extradition through diplomatic channels. While this is not an easy process, it serves to strengthen India’s position when presenting its case to the world.
