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Hindustan Times
6 days ago
- Hindustan Times
Counter intelligence wing of J&K Police conduct raids across Valley
Counter Intelligence Kashmir (CIK) on Friday conducted searches at multiple locations across Valley and seized several digital devices. Jammu and Kashmir Police said that raids were conducted by CIK officers after obtaining search warrant from the court of special judge, designated under NIA Act, Srinagar, in a terror linked case FIR No. 07/2023 U/S 13, 18, 38, 39 ULA(P) Act r/w 120-B IPC of P/S CIK Srinagar. 'During investigation of the instant case, suspicious technical signatures were traced at different locations of districts Budgam, Pulwama, Kupwara, Shopian, and Srinagar. The suspects were found using suspected encrypted messaging applications,' police spokesman said, adding that during further analysis, various individual suspects were found using a 'specific encrypted messaging application' which is widely used by terrorists handlers from across for coordinating and executing a variety of terrorist related activities including recruitment into terrorist ranks. 'These individuals /users are suspected to be in touch with suspicious entities across the border. As such, maintaining the element of surprise, the searches were meticulously planned and conducted.' Police said that during raids, incriminating material in the form of SIM cards, mobile phones, tablets and other digital devices having bearing on the investigation of the case have been recovered and seized in the instant case. 'Analysis of the data would follow and leads that would emerge would become the basis for further investigation.' Police said that the operation is aimed at to uncover crucial evidence, curb illicit activities, prevent the misuse of communication devices, such as mobile phones, and dismantling the terror ecosystem in the UT by identifying terrorist associates, over ground workers (OGWs) supporting and abetting terrorism and also ensuring legal action against them as envisaged by the law of the land.
Indian Express
28-05-2025
- Politics
- Indian Express
Karnataka HC refuses relief to 14 accused in KG Halli-DJ Halli riots case
The Karnataka High Court last month refused to set aside a special NIA court order, which had declined to discharge 14 accused in the 2020 KG Halli-DJ Halli riots case, saying that the petitioners had not 'made out any rarest of rare case' for the court to interfere under Article 226 of the Constitution. Article 226 authorises high courts to issue certain writs. The order was passed on April 29 by a division bench of Justices Sreenivas Harish Kumar and K S Hemalekha and was made public this week. The accused had approached the high court with a petition against a special NIA court order that declined to discharge them for alleged offences under the Unlawful Activities (Prevention) Act (UAPA). According to the prosecution in this case, in August 2020, a group of up to 30 people had gathered at the KG Halli police station in Bengaluru, demanding the arrest of a person who had allegedly posted derogatory comments against a community. After the complaint was accepted, the protestors allegedly turned violent, following which the police had to resort to a lathi charge and later firing. While the police had originally registered a case under Indian Penal Code sections related to property damage, the NIA later registered a case under the UAPA with regard to terrorism and conspiracy. The accused petitioners had originally approached the NIA court for discharge, citing a lack of evidence. The NIA counsel argued before the Karnataka High Court that the rejection of the discharge petition was part of the trial process and not barred by the NIA Act, while the petition before the Karnataka HC was not maintainable as the accused had the opportunity to appeal the order. It was stated that the high court jurisdiction under Article 227 of the Constitution should only be invoked in the rarest cases involving error of jurisdiction or failure to appreciate a matter. The counsel for the accused argued that the high court could still entertain the writ petition due to extraordinary circumstances where there was no prima facie evidence against the petitioners and the trial would be an abuse of process of law if continued. The high court opined that while considering the discharge case, the special NIA court had to weigh evidence only for the purpose of ascertaining whether a charge was made out or not, instead of a 'roving inquiry'. The court, while dismissing the petition, stated, 'Courts have to interfere in exceptional cases in which there is likelihood of serious prejudice on the rights of the citizen when the contents of complaint or material on record is a brazen attempt to prosecute an innocent person….The petitioners has not made out any rarest of rare case for this court to interfere under Article 226 of the Constitution and the writ petition is not maintainable against an order rejecting a discharge application.'
Deccan Herald
26-05-2025
- Politics
- Deccan Herald
2020 Bengaluru riots case: Karnataka HC dismisses petition of 15 accused
The bench noted that an order rejecting discharge is an intermediate order affecting the rights of the accused and must be challenged through an appeal before the High Court under Section 21(1) of the NIA Act. Hence, the writ petition was not maintainable.
Time of India
21-05-2025
- Time of India
Only children's court for juvenile tried as an adult, rules MP HC
Bhopal/Jabalpur: Madhya Pradesh high court has held that a juvenile in conflict with the law, who is declared fit for trial as an adult by Juvenile Justice Board (JJB), should be tried by the ' Children's Court ' and not any other court. The bench of Justice Sanjay Dwivedi gave this verdict in a case referred to by the principal district judge, Bhopal, for guidance on whether a juvenile chargesheeted by National Investigative Agency (NIA) in a terror case should be tried in the special NIA court or 'children's court' NIA special public prosecutor Deepesh Joshi, who appeared in court for the agency, told TOI that the case dates to 2017 when an explosion occurred in a train bogie in Shajapur town. One of the accused produced papers in court to show he was 17 years old at the time of the incident and should be tried as a juvenile. He was charged under IPC sections 120 (b) (criminal conspiracy), 122 (collecting arms with intention to wage war), 307 (attempted murder), 324 (voluntarily causing hurt) and 326 (voluntarily causing grievous hurt), plus sections of Unlawful Activities Prevention Act (UAPA), Explosive Substances Act, Railways Act and Public Property Act. Once the JJB principal judge ruled that the juvenile accused was mentally and physically fit to be tried as an adult, the question was if he should be tried in an NIA court, like the other accused, or in a 'children's court' as provided in Juvenile Justice Act. The Bhopal judge sought guidance from HC. Joshi argued for trial in an NIA court, pointing out that NIA Act stipulates that notwithstanding anything contained in CrPC, every scheduled offence investigated by the agency shall be tried only by the special court within whose local jurisdiction it was committed. He submitted that scheduled offences under NIA Act involve national security, interest and sovereignty of the nation and the case is fit for trial in a special court constituted under NIA Act. Senior advocate Anil Khare and advocate AJ Mathew, who appeared as amicus curiae in the case, argued that the trial should be conducted in a children's court. Referring to similar cases involving NIA, Khare submitted that as per section 18(3) of JJ Act, if a juvenile is to be tried as an adult, the board may order transfer of the trial to the children's court having jurisdiction to try such offences. Jurisdiction has been vested to children's court through Section 18(3) and no other court/special court can have jurisdiction in this regard, Khare said. Justice Dwivedi, in his order, cited several Supreme Court verdicts and said that NIA Act's non-obstante clause provides for overriding effect upon CrPC and not on any other law in force. On the other hand, section 1(4) of JJ Act shows that it provides an overriding effect upon any other law, the judge said. The court concluded by saying: "It is hereby held that when the FIR is registered under a scheduled Act prescribed under NIA Act and a juvenile has been directed to be tried as an adult by the children's court, then the jurisdiction to try the case would vest in children's court and not in the special judge under NIA Act."
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First Post
20-05-2025
- Politics
- First Post
Properties of four Pakistan-based terror handlers attached in Jammu and Kashmir
In Sopore, police attached 29 marlas, or around 8,000 square feet, of land belonging to Arshid Ahmad Teli, a resident of Nowpora Tujjar, Firdous Ahmad Dar alias Umar Dar, and Nazir Ahmad Dar alias Shabir Illahi, both residents of Harwan, the spokesperson said. read more Authorities in Jammu and Kashmir on Tuesday attached properties belonging to four Pakistan-based terror handlers in separate operations in Baramulla and Pulwama districts, police said. In north Kashmir's Sopore area, in coordination with revenue authorities, police seized three plots of land measuring around 8,000 square feet. The land belonged to Arshid Ahmad Teli of Nowpora Tujjar and Firdous Ahmad Dar alias Umar Dar and Nazir Ahmad Dar alias Shabir Illahi, both residents of Harwan. All three had previously been declared proclaimed offenders by a court, the spokesperson said. STORY CONTINUES BELOW THIS AD The attachments in Sopore were carried out under Sections 82 and 83 of the Code of Criminal Procedure (CrPC). The attachment was made under Sections 82 and 83 of the CrPC by Sopore police in coordination with the revenue authorities. The three had earlier been declared proclaimed offenders by a court, the spokesperson said. In Awantipora, land measuring around 79 sq ft in Frestabal Pampore, belonging to Pakistan-based terrorist handler Owais Feroze Mir, was attached, he said. The property was attached under section 88 of CrPC on an order of the Court of Additional Sessions Judge, Pulwama (Special Designated Court under NIA Act). Mir, also a proclaimed offender, is said to be involved in promoting and trying to revive terrorist activities by pushing in arms and ammunition and activating local terror networks, the spokesperson said. With inputs from agencies
