Fai released on bail; put under house arrest

Washington: Prominent Kashmiri separatist leader Ghulam Nabi Fai who was produced before a US court today has been released on $100,000 bond.

Fai, who appeared before the US District Court in Alexandria, Virginia for a detention hearing today, was released into the custody of his wife and placed under home detention.

The FBI, which arrested Fai last week on charges of being an ISI agent who lobbied for Pakistan on the Kashmir issue in the US, had carried extensive search of his home in Fairfax, Virginia – a suburb of Washington – and the office of Kashmir American Council (KAC) in Washington, a few blocks away from the White House.

Fai, headed KAC, which espoused the cause of Pakistan on Kashmir and campaigned against India in the US. US Attorney Gordon Kromberg informed the Alexandria court and defence attorney that he “intends to offer into evidence” or even disclose in proceedings information obtained and derived from electronic surveillance and physical search conducted under the Foreign Intelligence Surveillance Act.

The FBI has alleged that Fai received money from the Pakistani government, the ISI in particular, to lobby on their behalf in the US.FBI says he violated the law as he did not register himself or the KAC as registered agent for foreign government.

Neither the FBI nor the Department of Justice were willing to divulge any details of the material seized from his home and office. However, it is learnt that federal agencies have obtained huge cache of material from Fai’s residence and office which would strengthen its point that Fai worked for the foreign government in violation of the rule of the land.

“He would be released tomorrow. He would be in a position potentially to respond more fully to any allegations and questions,” Fai’s attorney Nina J Ginsberg, told reporters after the court ordered his release.

“The release (order) has a lot of meaning. It means that he (Fai) can help more easily in preparing the defence. He is required to live in his home and have electronic monitors so that he can’t go any place that he is not permitted by the court to go.

But he will be able to meet with his lawyers and be active in preparing defending his case,” Ginsberg said.

Ginsberg said Fai is facing two charges that has five year maximum penalties, if he were convicted on both. “It is highly unlikely that his sentence would be anywhere in that range,” the attorney said. Giving details of the court’s order Fai’s another attorney Khurram Wahid said, the separatist Kashmiri leader is allowed “home detention” with electronic surveillance. “He will have a little electronic monitor around his ankle.

The $100,000 (of the bail amount) he just signed for. “It is just his word essentially and it is his wife who is signing for him. She is the third party guarantor here,” Wahid said.

Fai is not allowed to have any contact with the foreign government (except through attorney). “He is also not supposed to  contact anyone who is alleged in the affidavit who had contact with him in the allegations itself, people who are supposedly with the ISI,” Wahid said.

Fai is also supposed to be limited in his activities in terms of who  he is allowed to go visit his attorney and medical.

**Watch video: Fai released on bail but will be electronically monitored **

PTI