Hafiz Saeed To Stand Trial In Absentia Under New Law For Pahalgam Attack

The NIA seeks a trial in absentia - per new laws allowing trials without the accused present - for Lashkar chief and wanted terrorist Hafiz Saeed, who is currenty living in Pakistan, under the protection of its military.

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  • Jammu court issues non-bailable warrant against Lashkar chief Hafiz Saeed in Pahalgam terror attack case
  • NIA names Saeed as mastermind in supplementary chargesheet filed this month
  • Saeed to be tried in absentia as he is protected in Pakistan, says NIA

What is the expected outcome of the trial against Hafiz Saeed?
New Delhi:

In a major development in the Pahalgam terror attack case, a Jammu court has issued a non-bailable warrant against Hafiz Saeed, the founder of the banned Lashkar-e-Taiba terror group. The warrant was issued after the National Investigation Agency (NIA) named him as the mastermind in a supplementary chargesheet filed this month. Sources close to the investigation told NDTV that Saeed, who operates from Pakistan under military protection, will be tried in absentia.

Twenty-six people, most of whom were civilians, were killed in Jammu and Kashmir's Pahalgam in April last year in the worst terrorist incident in J&K since 2019, when 41 soldiers were killed in Uri by another Pak-based group, the Jaish-e-Mohammed.

The NIA chargesheet outlined details of the Pahalgam attack, specifically Saeed's role in planning and monitoring the operation, along with additional forensic evidence collected from the attack site.

The first chargesheet was filed in December 2025 and named the three terrorists who carried out the killings. They were killed in July that year during Operation Mahadev, a joint operation by the Army, the Central Reserve Police Force, and local police.

RECAP | "Planned, Monitored Attack": Hafiz Saeed Named In Pahalgam Attack Chargesheet

Home Minister Amit Shah later confirmed their deaths in Parliament and said one of the three, known as Suleiman, was a senior Lashkar commander who was attempting to escape to Pakistan.

RECAP | 'Guns, Made-in-Pak Chocolates': Amit Shah Lists Proof Against Pahalgam Killers

Sources told NDTV the order against Saeed - who also orchestrated the 26/11 Mumbai terror attacks in which 166 people were killed - paves the way for a trial in absentia after the NIA said he could not be produced because he is being protected by Pakistan. The agency therefore urged the court to proceed with the trial in his absence.

What is trial in absentia?

The government recently introduced a legal provision stating that if an accused has fled and deliberately fails to appear before the court, and there is sufficient evidence of serious crimes against them, a trial can be conducted even in their absence.

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Initially, the court issues summons and warrants to secure the accused's presence. After this, if the accused still fails to appear, they can be declared a fugitive, after which the court may commence trial proceedings in their absence.

The NIA told the court virtually all legal avenues to bring Saeed to India to stand trial had been exhausted. Therefore, the agency argued, it is necessary to prosecute him under the new law so the judicial process can move forward.

In its initial chargesheet, the NIA had named three Pak terroristsn - LeT commander Suleman, Jibran, and Hamza Afghani - as the accused. The agency later added the name of Pak-based Sajid Saifullah Jatt and Pahalgam residents Bashir Ahmed and Parvez Ahmed - who allegedly helped the terrorists carry out the attack - to the chargesheet.

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Hafiz Saeed, Pahalgam Terror Attack, Trial In Absentia