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| NIA Court orders attachment of property of Hizbul-linked accused | | | Early Times Report
JAMMU, Nov 21: In a major development in the ongoing probe into a high-profile arms-smuggling and terror-funding conspiracy allegedly linked to the banned militant outfit Hizbul Mujahideen, the Designated Special Court under the NIA Act, Jammu, on Wednesday ordered attachment of the immovable property of accused Tafazul Hussain Parimoo (A-10) under Section 33(1) of the Unlawful Activities (Prevention) Act (UAPA).
The order was passed by Additional Sessions Judge / Special Judge NIA, Jammu, Sandeep Gandotra, while deciding an application filed by the Chief Investigating Officer of NIA seeking attachment of the accused's property to prevent its disposal before completion of trial. The property attached comprises 11.5 marlas of land under Survey No. 25 at Estate S.K. Bagh, Tehsil B.K. Pora, District Budgam, recorded in the revenue register in the name of the accused, and the court directed that the property shall not be transferred by any mode nor shall any third-party interest be created until the culmination of the trial. A copy of the order has also been forwarded to the Deputy Commissioner, Budgam, for compliance.
The case originates from January 11, 2020, when a Hyundai i20 vehicle was intercepted at Al-Stop Naka on Srinagar-Jammu Highway near Mir Bazar, Kulgam, leading to the recovery of one AK-47 rifle, three pistols, one hand grenade and other incriminating material from the vehicle, resulting in the arrest of four accused including two active militants of Hizbul Mujahideen. Initially registered at Police Station Qazigund, the case was later taken over by NIA on January 17, 2020, and was re-registered as RC-01/2020/NIA/JMU, followed by charge sheets and supplementary charge sheets against several accused persons.
The NIA has alleged that Tafazul Hussain Parimoo was an active OGW and facilitator for Hizbul Mujahideen and entered into a conspiracy to smuggle arms and ammunition from Pakistan through the Line of Control for further distribution to militants operating in South Kashmir, including accused Syed Naveed Mushtaq (A-1). It is also alleged that the accused received funds to sustain arms-smuggling and terror activities, thereby integrating himself into the militant support network.
The defence strongly opposed the NIA application and submitted that Section 33 UAPA contemplates attachment only of property constituting "proceeds of terrorism," and that the land in question was not acquired from terror-related proceeds. It was further argued that the accused has been in judicial custody for more than four years, making any disposal or transfer of property impossible.
Rejecting the defence contention, the court held that Section 33(1) UAPA empowers attachment of property of an accused facing trial under Chapters IV and VI as a preventive measure irrespective of whether the property constitutes proceeds of terrorism, adding that the possibility of the accused transferring or creating third-party interest in the property in the future could not be ruled out. Consequently, the application of the NIA was allowed and the attachment of the land belonging to the accused was ordered pending trial.
The attachment of the property at S.K. Bagh, Budgam, is expected to carry major implications in the continuing trial of the conspiracy case involving arms trafficking, terror funding and militant support networks across Kashmir Valley. The matter will now proceed with regular trial in RC-01/2020/NIA/JMU before the Special NIA Court, Jammu.
—(JNF) |
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