New Delhi, July 14 (IANS) The naming of Hafiz Saeed in the Pahalgam attack chargesheet was a big move by the National Investigation Agency (NIA). The in-absentia trial of Hafiz Saeed, who is the head of the Lashkar-e-Taiba, would be a test case, and the NIA will not only call out Pakistan’s bluff, but will also use this against Pakistan at international forums.
The likes of Saeed and Jaish-e-Mohammed chief Masood Azhar have for years evaded scrutiny after carrying out terror attacks in India. An official said that these elements are backed by the Pakistan state and this has only aided them further.
Officials say that NIA's move would be to seek a non-bailable arrest warrant against Saeed. This would be followed by a proclamation which would mandate him to appear before the court hearing this case.
The official said that it is known that Saeed will evade the summons and would not appear before the court. His non-appearance despite being summoned will amount to Saeed wilfully evading justice. This would then lead the court to declare Saeed as a proclaimed offender. The proclaimed offender status and his eventual conviction in the case would be used by the Central Bureau of Investigation (CBI) with the Interpol. There is already a Red Corner Notice (RCN) against Saeed, and this move by the NIA will only strengthen the case against him with the Interpol even further, officials explained.
An Intelligence Bureau official said that for long Pakistan has dismissed India’s demands for an extradition as a political ploy. Pakistan has always maintained that India is making allegations without evidence. This was the same attitude that was on display post the Mumbai 26/11 attack.
The NIA probe into the Pahalgam attack and the subsequent trial against Saeed would set an example, with Pakistan having very little on hand to deny. Despite a conviction and a proclaimed offender status, Islamabad would find it hard to explain why it is denying Saeed's presence in the country and why it would not want to proceed against him.
Post the Pahalgam attack, India called out Pakistan’s nuclear bluff when the armed forces executed Operation Sindoor. The destruction of the Jaish-e-Mohammed’s Bahawalpur headquarters and the Lashkar-e-Taiba’s Muridke training facility was not denied by Pakistan. While Pakistan did confirm the losses, it, however, falsely claimed that it had won the military operation against India.
Another official said that the Pahalgam attack and the subsequent Operation Sindoor were game-changers for India. New Delhi made it clear that all acts of terror originating from Pakistan would be considered as an act of war and not cross-border terror.
The trial in absentia of Saeed is expected to be a game-changer in India’s war against terror, officials say. They also say that it is given that Saeed will not appear before the court. However, the entire trial process would be used to officially document Pakistan’s refusal to act.
All communications relating to the trial, summonses and Letters Rogatory would be made through the Pakistan foreign ministry. The NIA would send all communication through the Ministry of Home Affairs and the External Affairs Ministry to the Indian High Commission in Islamabad.
The High Commission would then pass these on to the Pakistan foreign ministry, and this would make the documentation not just solid but foolproof, which Pakistan cannot deny.
Post the judgment, India would place the same along with other documentation before the United Nations Security Council (UNSC). The same would also be shared with international agencies, institutions and countries that have proscribed Hafiz Saeed and his Lashkar-e-Taiba, an official added.
Even the Financial Action Task Force (FATF), which has been closely watching terror funding in Pakistan, would be provided with documents. These would include the trial and judgment details, all the formal communication to which Islamabad and Saeed have not responded.
Through the FATF, India aims at pushing for more stringent financial restrictions on Saeed, the Lashkar-e-Taiba and its proxy, The Resistance Front, officials also added.
