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What Indian court's warrant against Pak-based Hafiz Saeed means for the Pahalgam terror trial
The NIA said Hafiz Saeed is operating from Pakistan and is deliberately evading arrest, making the issuance of an open-dated non-bailable warrant necessary.
A Special NIA Court in Jammu has issued an open-dated non-bailable warrant (NBW) against Lashkar-e-Taiba (LeT) founder and designated terrorist Hafiz Muhammad Saeed, holding that his arrest and custodial interrogation are necessary for a "fair, complete and effective investigation" into the April 22, 2025, Pahalgam terror attack.
The court passed the order on an application moved by the National Investigation Agency (NIA), which sought it as Saeed has been named as accused number 8 in its supplementary chargesheet in the case.
The court observed that Saeed's arrest and custodial interrogation were essential to ensure a fair and effective investigation. It directed that the non-bailable warrant be issued and forwarded to the Deputy Inspector General (DIG), NIA, Jammu, for execution in accordance with the law.
According to the NIA, Saeed, a resident of Sargodha in Pakistan's Punjab province, is a designated terrorist under the Unlawful Activities (Prevention) Act, 1967, and the founder of the banned Lashkar-e-Taiba.
The agency told the court that he is operating from Pakistan and is deliberately evading arrest, making the issuance of an open-dated non-bailable warrant necessary to facilitate further legal proceedings and investigation.
The case relates to the April 22, 2025, terror attack at Baisaran meadow near Pahalgam in Jammu and Kashmir, in which 26 civilians, including tourists, were killed. The NIA has alleged that the attack was orchestrated by Pakistan-based operatives of the banned LeT and has named Saeed in the larger conspiracy behind the attack.
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What the warrant means
The NIA plans to use the non-bailable warrant to seek a declaration that Saeed is a proclaimed offender, a key procedural step before initiating a trial in absentia under the Bharatiya Nagarik Suraksha Sanhita (BNSS), HT has reported.
People familiar with the matter told HT that the warrant would be sent to Pakistan through formal channels along with a request for Saeed's repatriation.
Given that Pakistan is unlikely to hand him over, the agency expects to proceed under Section 356 of the BNSS, which introduced provisions for the inquiry, trial and judgment of a proclaimed offender in absentia.
After filing its supplementary chargesheet naming Saeed as the key conspirator in the terror attack, the NIA approached the Jammu special court seeking the warrant to initiate further proceedings and facilitate the ongoing investigation.
Although Saeed has been named in multiple Indian cases and is a UN-designated terrorist, he has never faced trial in an Indian court because he has never appeared before one. The trial in absentia provisions under the BNSS were introduced to enable proceedings against fugitives who remain beyond the reach of Indian law.
(With inputs from Neeraj Chauhan)
