Budgam court issues non-bailable warrant against Hizb chief Salahuddin
The prosecution submitted that the accused is involved in the commission of serious offences
An NIA court in Budgam district on Saturday issued a non-bailable warrant against Pakistan-based Hizbul Mujahideen chief Mohammad Yousuf Shah alias Syed Salahuddin, directing the police to arrest him.
The order was passed by the Special Judge, NIA, Budgam, after hearing a case registered under various provisions of the Unlawful Activities (Prevention) Act (UAPA) and Section 506 of the Ranbir Penal Code (RPC), which was applicable in Jammu and Kashmir prior to 2019.
According to the court order issued by Special Judge Yahaya Firdous, the Assistant Public Prosecutor sought issuance of a non-bailable warrant against Shah, a resident of Bonpora Soibugh in Budgam district, who is currently operating from Pakistan. The prosecution submitted that the accused is involved in the commission of serious offences but has crossed over to Pakistan and is evading arrest.
The prosecution further informed the court that certificates issued by the Budgam SHO and the in-charge of Soibugh police post confirmed that Shah had infiltrated into Pakistan and could not be traced. These certificates were submitted along with the application.
After perusing the case diary, the court observed that the investigating officer had collected sufficient evidence which prima facie connects Shah with offences under Sections 13, 18, 20 and 39 of the UAPA, relating to unlawful activities, terror conspiracy, and support to terrorist organisations, in addition to Section 506 of the RPC.
The court noted that the original case diary had been sent to the competent authority for sanction to enable filing of the chargesheet and trial in absentia.
Drawing satisfaction that the accused was deliberately evading arrest, the court invoked Section 73 of the Code of Criminal Procedure, which empowers a magistrate to issue a warrant against a person accused of a non-bailable offence who is absconding.
Accordingly, the court issued a non-bailable warrant against Mohammad Yousuf Shah alias Syed Salahuddin and directed the Jammu and Kashmir Police to arrest him in connection with FIR No. 331/2012.
Shah fled to Pakistan in 1993 and was designated a terrorist by the Government of India in 2020. He also heads the United Jihad Council, an umbrella organisation of several militant outfits. In 2023, the NIA attached properties linked to Shah and his two sons, who were dismissed from government service in 2021 following their arrest in a terror-funding case.
