Court Orders Attachment of Property Linked to US-Based Kashmiri Lobbyist

A special National Investigation Agency (NIA) court in Jammu and Kashmir has recently made significant legal moves regarding Ghulam Nabi Fai, a US-based Kashmiri lobbyist with ties to Pakistan’s Inter-Services Intelligence (ISI).

Key Details of the Court Order

On Tuesday, the NIA Special Judge Yahaya Firdous from Budgam district authorized the immediate attachment of Fai’s property. The court ordered the seizure of over 1.5 kanals (approximately 8,100 sq. ft.) of land located in the villages of Wadwan and Chattabugh.

Authorities were directed to take possession of this property "forthwith" with the assistance of both revenue and police departments.

The Legal Proceedings

The court’s decision follows a formal application by Assistant Public Prosecutor Mohammad Iqbal Rather, made under Section 83 of the Criminal Procedure Code (now Section 85 of the Bharatiya Nagarik Suraksha Sanhita). Earlier in April, Fai was declared a "proclaimed absconder" after ignoring a 30-day notice to appear before police, stemming from a case against him registered in 2020 under the Unlawful Activities (Prevention) Act (UAPA).

Background on Ghulam Nabi Fai

Fai, originally from Budgam, has a controversial past. He is known for his affiliation with the banned Jamaat-e-Islami organization and for his connection with Syed Salahuddin, the designated terrorist and chief of Hizbul Mujahideen. His arrest record highlights his alleged support for terrorist activities within India.

The judge noted in a detailed seven-page order that evidence indicated Fai had "deliberately and intentionally concealed himself."

Justification for the Attachment

Prosecutors argued that the urgency of the attachment was imperative, citing concerns that Fai’s relatives might sell the property, thereby thwarting the legal process. The court has stressed the need for prompt action, directing the Budgam district collector to secure a portion of land measuring one kanal and two marlas in Wadwan, as well as land measuring 11 marlas in Chattabugh.

The court instructed authorities to demarcate and secure the properties, ensuring necessary police support during the operation.

Fai’s Legal Troubles in the US

At 76, Ghulam Nabi Fai has long been embroiled in legal troubles in both India and the United States. He gained notoriety as the director of the Kashmiri American Council (KAC), which he claimed served as an independent voice for Kashmiris. However, investigations revealed that KAC functioned as a front for the ISI.

In 2011, Fai was arrested by the FBI for funneling at least USD 3.5 million from the ISI into the U.S. over a span of 20 years to sway American policy regarding Kashmir. He was subsequently sentenced to two years in prison in 2012 for conspiracy and tax violations.

Conclusion

Ghulam Nabi Fai’s case is emblematic of the complexities surrounding international politics and terrorism in the Kashmir region. The recent court order serves as a crucial step in underlining the legal mechanisms in place to address issues of national security and unlawful activities.