A special court for the National Investigation Agency (NIA) in Jammu and Kashmir has issued a decisive order for the immediate seizure of property belonging to a convicted agent of Pakistan's Inter-Services Intelligence (ISI). The court directed authorities to take possession of land owned by Ghulam Nabi Fai, a US-based Kashmiri lobbyist with a history of working for Pakistani intelligence.
Court Directs Immediate Land Attachment
On Tuesday, Special Judge Yahaya Firdous of the NIA court in Budgam district authorised the attachment of over 1.5 kanals of land, which is approximately 8,100 square feet. The properties are located across two villages in the district: Wadwan and Chattabugh.
The judge issued a clear directive to the Budgam district collector, ordering the official to take possession of the land "forthwith" with support from local revenue and police departments. Following the court's order, Budgam police moved swiftly to attach Fai's property later the same day.
Legal Proceedings Against a Proclaimed Absconder
The court's action came after an application was filed by Assistant Public Prosecutor Mohammad Iqbal Rather. The legal move was made under Section 83 of the Criminal Procedure Code, which corresponds to Section 85 of the new Bharatiya Nagarik Suraksha Sanhita.
Fai, originally a resident of Budgam, was declared a "proclaimed absconder" by the court in April this year. This declaration followed his failure to respond to a 30-day notice requiring him to appear before the police. The case against him was officially registered in 2020 under the stringent Unlawful Activities (Prevention) Act (UAPA).
In a seven-page order, the judge stated, "This court is satisfied from the record that the accused... has deliberately and intentionally concealed himself." The prosecution successfully argued that the attachment was urgent. They expressed concern that Fai's relatives, who are currently in possession of the land, might sell it, which would obstruct the legal process.
A History of Espionage and Legal Troubles
Ghulam Nabi Fai, now 76, has a long and controversial history spanning both India and the United States. He gained prominence as the director of the Washington-based Kashmiri American Council (KAC), which he presented as an independent group advocating for Kashmiri people.
His facade crumbled in 2011 when the Federal Bureau of Investigation (FBI) arrested him. Their investigation revealed that the KAC was actually a front organisation for the Pakistani ISI. US authorities proved that for more than two decades, Fai had funnelled at least USD 3.5 million from the ISI into the United States to manipulate American policy regarding Kashmir.
Key facts from his US conviction include:
- In 2012, a federal court in Virginia sentenced him to two years in prison for conspiracy and tax violations.
- US Attorney Neil MacBride stated Fai had "lied to the Justice Department, the IRS, and many political leaders" while spreading ISI propaganda.
- Prosecutors also exposed that Fai falsely claimed to hold a doctorate degree, a title he used for decades to gain credibility.
- After his prison term, he was placed under supervision for three years.
In the Indian case, Fai is noted as a known supporter of the banned Jamaat-e-Islami and is alleged to be a close associate of designated terrorist Syed Salahuddin, the chief of Hizbul Mujahideen. He has been formally booked for providing support to a terrorist organisation within India.
The Budgam district collector has now been tasked with a precise operation. The instructions are to use revenue authorities to properly identify and demarcate the specified properties before formal attachment. The Senior Superintendent of Police will provide the necessary security to ensure the court's order is executed smoothly and without incident.
