China help sought to trace device used in Pahalgam

A Special NIA Court in Jammu has issued a Letter Rogatory to the competent judicial authority in China seeking “assistance in tracing the buyer, end user and associated technical records” of a “GoPro Hero 12” black camera linked to last year’s Pahalgam attack, in which 26 persons were killed.

An order issued by a Special Judge under the NIA Act in Jammu on Monday said Deputy Inspector General, NIA, Sandeep Choudhary, had filed an application under Section 112 of the BNSS for issuance of the Letter Rogatory to the competent judicial authority in China.

The order said the application stated that during the probe into the Pahalgam case, various “material objects and electronic devices connected with the conspiracy and execution of the terrorist attack have been examined”.

One such crucial electronic device is a “GoPro Hero 12” black camera, which is relevant for “establishing pre-attack reconnaissance, movement and operational preparation of the terrorist module involved in the Pahalgam attack,” the order said.

It said a lawful notice had been issued to the manufacturer. However, the manufacturer, in its response, said the camera was supplied to AE Group International Limited, a distributor based in China, and that it was activated on January 30, 2024, in Dongguan, China.

The application stated that the manufacturer further clarified that it “does not possess downstream transaction details or end-user records of the said device”.

“The activation, initial use and commercial trail of the said device lie within the territorial jurisdiction of China, and the information necessary to trace the buyer, end-user and associated technical records can only be obtained through judicial assistance of the Chinese authorities,” it said.

The court noted that India and China were not signatories to any mutual legal assistance treaty/agreement on the subject. Therefore, such assistance can be sought under the United Nations Convention against Transnational Organised Crime (UNTOC), as both nations had ratified it.

“The Ministry of Home Affairs has given concurrence for issuance of the Letter Rogatory to China for seeking legal assistance in investigation of the case...,” the court said.

The judge said, “The information sought is very important for establishing the chain of custody, user, attribution and evidentiary linkage of the seized device, i.e. the GoPro camera supplied to AE Group International Limited, a distributor based in the People’s Republic of China.”

He added, “I allow the application, and the Letter Rogatory is issued to the competent judicial authority of the People’s Republic of China for seeking assistance and tracing the purchaser, end user and associated technical records to unearth the larger conspiracy.”

The court further directed that three sets of the physical Letter Rogatory, along with translated copies in Chinese, be sent to the CBI’s International Police Cooperation Unit (IPCU) in New Delhi.

“CBI, IPCU shall obtain a forwarding letter from the MHA and thereafter forward the Letter Rogatory along with translated copies in Chinese to the requested country through diplomatic channels,” it said.