Fourteen months after the Pahalgam terror attack, a Jammu court has issued a non-bailable warrant against terrorist Hafiz Saeed. The same Hafiz Saeed who is the leader of Lashkar-e-Taiba. The same Hafiz Saeed who has masterminded numerous terrorist attacks, starting with Pahalgam and in India.
The non-bailable warrant has been issued because the National Investigation Agency (NIA) recently filed a charge sheet naming Hafiz Saeed as the mastermind of the Pahalgam terror attack.
Sources close to the investigation told the media that the trial against Hafiz Saeed could be conducted in his absence. Currently, Hafiz Saeed conducts all his activities under the protection of the Pakistan Army.
The NIA filed its first chargesheet in this case in December 2025, naming three terrorists—Suleman, Jibran, and Hamza Afghan—who had killed 26 innocent people in Pahalgam. All three terrorists were killed in Operation Mahadev last year.
The NIA stated in its chargesheet that Hafiz Saeed has been the mastermind of several major terrorist attacks against India. The NIA claims that the Pahalgam attack was also plotted in Pakistan, and that Hafiz Saeed played a key role in it.
The investigating agency told the court that almost all legal efforts to extradite Saeed from Pakistan to India have been exhausted. Therefore, it is necessary to prosecute him under the law to advance the judicial process.
The NIA, in its petition filed with the Jammu court, stated that Hafiz Saeed is in Pakistan and it is not possible to bring him to India. Therefore, the trial should be conducted in his absence under the law.
The trial of Hafiz Saeed became possible because the law has changed. Before July 2024, trials could only begin when the accused was present in court.
However, in July 2024, the central government implemented three new criminal justice laws. Subsequently, the Indian Penal Code (IPC) was replaced by the Indian Justice Code (BNSS), the Code of Criminal Procedure (CrPC) was replaced by the Indian Civil Security Code (BNSS), and the Indian Evidence Act was replaced by the Indian Evidence Code.
A new section 356 was added to the BNSS to enable trials to be conducted even in the absence of the accused. This section provides for ‘trial in absentia’. This was added for criminals who are absconding. If a criminal has been declared a fugitive by the court, a trial can now be conducted against him.
The NIA has appealed to initiate a trial against Hafiz Saeed under this section. The court has accepted it and issued a non-bailable warrant against him.
Section 356 of the BNSS allows for a trial to begin in the absence of the accused. However, there are certain conditions that must be met before a trial can begin in the absence of the accused.
It takes at least 90 days for a trial to begin in the absence of the accused. Under Section 356, in such cases, two consecutive arrest warrants will be issued against the accused within 30 days before the trial can begin.
Furthermore, a notice will be placed in a national or local newspaper regarding the accused, stating that if the accused fails to appear within 30 days, the trial will begin in his or her absence.
Before the trial begins, a relative or friend will be informed. A notice will also be posted at the accused’s home or at the police station where the accused lives. The accused will be given 30 days to appear. Furthermore, if the accused does not have a lawyer, the government will provide one.
In total, the court waits 90 days to begin a trial in the absence of a fugitive criminal and then resumes the trial.
If the accused is apprehended or surrenders after the trial begins, they will be given a chance. Even if the accused then absconds, the trial will not be stopped.
Under Section 356(7), no appeal can be filed against a court decision until the accused appears in person. Furthermore, an appeal against a court decision can only be filed within three years.