J&K govt sanctions prosecution of captured Pak terrorist for 'waging war against the country'

Jammu: The Jammu and Kashmir government on Thursday gave prosecution sanction against captured Pakistani militant Mohammed Naved for waging war against the country.

District Magistrate of Udhampur, Shahid Iqbal Choudhary, said the Pakistani national has been booked under Section 121 of RPC (waging war against the country) among other sections.

“It has been established beyond reasonable doubt that an offence of criminal conspiracy has been committed by the terrorist which attracts the provisions of sections 121 and 121-A RPC.

“Sanction is hereby accorded as per the provisions of section 196 CrPC for prosecution in the court of law following due procedure established under law,” the DM said in a prosecution order in Jammu on Thursday.

While section 121 of Ranbir Penal Code is waging, or attempting to wage war, or abetting waging of war, against the Government of India, section 121-A is conspiracy to commit offences punishable by section 121.

Section 196 of CrPc deals with prosecution for offences against the state and for criminal conspiracy to commit such offence.

Constable Rocky and Constable Sudhendu Roy laid down their lives while fighting terrorists during an attack on BSF convoy on Jammu-Srinagar national highway at Samroli belt in Udhampur district on Wednesday. Not only they killed a terrorist but also saved lives of their fellow jawans.

Two BSF jawans lost their lives and 13 others got injured in the attack. The captured Pakistani militant was part of the attack.

Meanwhile, a high-level team of National Investigation Agency (NIA), which arrived on Jammu on Wednesday, interrogated the terrorist for the whole day in Joint Interrogation Centre (JIC) at Miran sahib in Jammu on Thursday.

The terrorist has said that he had undergone training in two different modules with Lashkar-e-Taiba terror group. NIA team later shifted him to some unknown destination this evening.

A case under section 120/120-B/307/302/RPC, 7/25 Arms Act, 15/16 unlawful activities prevention Act is registered at police station Chenani, the DM said

In the preliminary investigation, it was found that the terrorists were trained ‘fidayeens’ and backed by Pakistan’s ISI, he said.

“During the course of preliminary investigation, it transpired that the terrorists involved in the attack are trained fidayeens and backed by Pakistan’s ISI in order to wage war against the Government of India. The act committed by the terrorists attracts the provisions of section 121 and 121-A/RPC apart from other provisions of Law,” he said.

“This satisfies the legal requirement as laid down in Sub-Section 3 of Section 196 CrPC requiring a preliminary investigation before grant of prosecution sanction by the district magistrate,” he added.

PTI