NIA court orders forfeiture of house used for 2019 CRPF convoy terror attack planning

Jammu, Nov 25 The designate NIA court has ordered the forfeiture of a residential house in Kakapora area of Jammu and Kashmir’s (J&K) Pulwama district holding that the premises was used as a hideout and planning base of the Jaish-e-Mohammad (JeM) terror outfit for the 2019 attack on a CRPF convoy, officials said on Tuesday.

Officials said on Tuesday, “In a decisive strike against terror logistics, the Designated Special Court under the NIA Act, Jammu, has ordered forfeiture of a residential house at Hakripora in Kakpora tehsil of Pulwama district holding that the premises were used as a hideout and planning base by Jaish-e-Mohammad (JeM) operatives, who were behind the February 14, 2019 Pulwama IED attack that killed 40 CRPF personnel.

“The court declared the property as "proceeds of terrorism” under Sections 25-26 of the UAPA and barred any transfer or third-party interest.

“Presiding Judge Sandeep Gandotra (Additional Sessions Judge; Special Judge under the NIA Act) allowed an application moved by the NIA’s Chief Investigating Officer (CIO) Rajiv Om Parkash Pande, seeking forfeiture of the 9.5 marlas residential house (Khasra No. 492 min) registered in the name of Naseema Bano, wife of accused Peer Tariq Ahmed Shah.

“In court, the NIA was represented by Special Public Prosecutor (SPP) K.S. Pathania. On the non-applicant’s side, Advocate Syed Azad Andrabi filed objections; however, he later stated he was not counsel for Bano, after which she failed to appear and was set ex-parte."

Investigators established that JeM terrorists Muhammad Umar Farooq, Sameer Ahmed Dar and Adil Ahmed Dar used the Hakripora house before and after the convoy bombing, with household members allegedly providing shelter that advanced the conspiracy.

“The court emphasised that ownership by the principal accused is not necessary for forfeiture as use of a property to facilitate terrorism suffices under the UAPA.

“The case stems from FIR No. 20/2019 (Awantipora), re-registered by the NIA as RC-02/2019/NIA/JMU on February 20, 2019. The property was attached on March 16, 2021; the Designated Authority confirmed the attachment on May 13, 2021 and Bano’s appeal was dismissed on August 31, 2022.

“After repeated notices, she did not appear, leading to the ex-parte proceedings and final forfeiture order.

“The court directed that the asset shall neither be transferred by any mode nor encumbered until the culmination of the main NIA trial, and forwarded a copy to the Deputy Commissioner, Pulwama for compliance”, officials added.

It must be recalled that the terror attack on February 14, 2019 carried out by a terrorist who rammed his explosive laden car into the CRPF convoy in Lethpora area of Pulwama district killed 40 CRPF personnel.

Indian armed forces carried out aerial strikes against terror bases in Pakistan-occupied-Kashmir in retaliation to the 2019 terror attack on the CRPF convoy.

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