A Court in Budgam district of Jammu and Kashmir on Saturday issued a non-bailable warrant (NBW) against the chief of the banned terrorist outfit Hizbul Mujahideen, Mohammad Yousuf Shah alias Syed Salahuddin, in connection with a 2012 case.
Special Judge designated under the National Investigation Agency Act in Budgam issued the warrant in FIR No. 331/2012 registered at Police Station Budgam under Sections 13, 18, 20 and 39 of the Unlawful Activities (Prevention) Act (UAPA) and Section 506 of the Ranbir Penal Code (RPC).
The court acted on an application moved by the Investigating Officer through the prosecution, stating that the accused had crossed over to Pakistan and is evading arrest. Police certificates issued by the Station House Officer Budgam and the In-charge Police Post Soibugh confirmed that Salahuddin could not be traced and is presently residing across the border.
After perusing the case diary, the Court observed that sufficient material exists on record to prima facie connect the accused with the alleged offences. The judge noted that the offences invoked are non-bailable in nature and fall under the UAPA, empowering the court to issue a warrant under Section 73 of the CrPC.
The court has directed the Jammu and Kashmir Police to arrest the accused. It also noted that the original case diary (CD) has been sent to the competent authority for sanction, paving the way for filing of a charge sheet and trial in absentia, as per law.
“This Court has drawn the satisfaction from the CD that the accused Mohammad Yousuf Shah @ Syed Salah Ud din is evading the arrest, as such, a non bailable warrant is issued against the accused with the direction to the police of Jammu and Kashmir to arrest him in connection with FIR No. 331/2012 for the commission of crime under Sections 13, 18, 20, 39 of UAP Act and 506 of RPC,” the order read.
Salahuddin has been declared proclaimed offender by several courts in past.
