Court Orders Appearance of 3 NRIs in 2020 CIK Case
Advocate Syed Shabir Bukhari
In a case registered more than four years ago, the Court of the Additional Sessions Judge (TADA/POTA), Special Judge designated under the NIA Act at Srinagar, has issued proclamation orders under Section 82 of the Criminal Procedure Code (CrPC) against Mubeen Ahmad Shah of Buchwara Srinagar, Aziz-ul-Hassan Ashai alias Tony Ashai of Jawahar Nagar Srinagar, and Rifat Wani of Trehgam Kupwara, after observing that the accused have remained unavailable to face investigation and trial proceedings.
The case pertains to FIR No. 07/2020, registered on 9 September 2020 at Police Station Counter Intelligence Kashmir (CIK), Srinagar, under Sections 124-A, 153-A, 505 of the Indian Penal Code and Section 13 of the Unlawful Activities (Prevention) Act.
Genesis of the Case
According to the prosecution version placed on record, the FIR was registered following credible information received by Police Station CIK that certain individuals were allegedly misusing social media and digital platforms to circulate content described as false, misleading and provocative in nature. Investigating agencies alleged that such material had the potential to disturb public order and promote disaffection, while being presented under the appearance of journalistic or media-related activity.
The police claimed that the content was allegedly aimed at spreading unrest, inciting disharmony, and promoting narratives perceived as prejudicial to the sovereignty and integrity of the Union of India. Following registration of the FIR, investigation was entrusted to officers of Counter Intelligence Kashmir.
Investigation and Non-Availability of Accused
During the course of investigation, statements of witnesses were recorded and documentary as well as digital material was collected by the investigating agency. However, the accused persons could not be apprehended despite repeated attempts.
Court records reveal that general warrants of arrest were issued against the accused on 11 July 2025, but the warrants could not be executed. Subsequently, search operations were conducted across multiple districts including Srinagar, Budgam, Ganderbal, Pulwama, Anantnag, Kulgam, Shopian and Kupwara. Reports submitted by various district police units indicated that the accused were not residing at their known addresses.
The investigating agency informed the court that Mubeen Ahmad Shah was reported to have left for Malaysia, while Aziz-ul-Hassan Ashai and Rifat Wani were believed to be outside the country, reportedly in America and Germany respectively. It was further submitted that despite information being conveyed to family members, the accused did not present themselves before the investigating agency or the court.
Court’s Observations and Proclamation Order
After examining the material placed on record, including search reports, witness statements and compliance reports, the court observed that the continued absence of the accused was hampering the investigation and judicial process. Taking note of the repeated failure of coercive measures, the court allowed the application moved by the Investigating Officer and issued proclamation orders under Section 82 CrPC.
The proclamation directs the accused persons to appear before the court within 30 days from the date of publication of the order. The court further ordered that the proclamation be published in widely circulated newspapers, affixed at the last known residences of the accused, displayed at conspicuous places in their localities, and posted outside the court premises.
The court also warned that failure to comply with the proclamation may lead to attachment of property under Section 83 CrPC, in accordance with law.
Next Course of Action
The Investigating Officer has been directed to ensure proper execution of the proclamation and submit a detailed compliance report before the court. The matter has been listed for further proceedings on the scheduled date. It’s pertinent to mention that the accused Tony Ashaei is being represented by Advocate Mir URFi in this case before a court of law
Legal experts point out that issuance of a proclamation under Section 82 CrPC is a procedural step intended to compel the appearance of accused persons and does not amount to a finding of guilt. The case remains sub-judice, and all accused persons are entitled to a fair trial as guaranteed under law.
(The author is a practising lawyer at Jammu & Kashmir and Ladakh High Court)
