Srinagar, Dec 20 The NIA Special Court in Jammu and Kashmir’s Budgam district on Saturday issued a non-bailable warrant against Mohammad Yusuf Shah alias Syed Salahuddin, the supreme commander of the Hizbul Mujahideen outfit.
In its order the court said that Mohammad Iqbal Rather, Assisstant Public Prosecutor (APP) has sought issuance of non bailable warrant against Mohammad Yousuf Shah alias Syed Salahhuddin son of Ghulam Rasool Shah Resident of Bonpora Soibugh, Supremo of Hizbul Mujahideen on basis of an application of the I.0 of FIR No. 331/2012 under Sections 13, 18, 20, 39 of UAP Act and 506 of RPC.
It said that the APP submitted that the accused is found involved in the commission of crime under Sections 13, 18, 20, 39 of the UAP Act and 506 of RPC, however, the said accused has crossed over the border and is presently residing in Pakistan.
The order pointed out that APP further submitted that the SHO Police Station Budgam and In-charge Police Post Soibugh issued two separate certificates indicating that the accused Salahhuddin had infiltrated into Pakistan and could not be traced, and both the certificates have been enclosed with the application on hand.
“Since the offences levelled against the accused Salahhuddin arise out of the Unlawful Activities (Prevention) Act, 1967 and have been booked for the commission of crime under Sections 13, 18, 20 and 39 of the UAP Act, besides 506 of RPC,” said the order.
The order said this court, being the Court of Sessions, acts as a custody/bail matters. Magistrate (specifically for primarily under Section 43-D (2) and (5) of the UAP Act.
“Shadow of CD was also called and perused, the perusal of the CD suggests that the Investigating Officer has collected sufficient evidence which prima facie connects the accused for the commission of crime under Sections 13, 18, 20, 39 of UAP Act and 506 of RPC,” it said.
The NIA court order said that, however, as per the statement made by the I.0, the original CD has been sent to the Competent Authority for the accord of sanction so that the charge sheet is produced in the Competent Court for trial in absentia.
“This court has drawn the satisfaction from the CD that the accused 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 court order said.
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