Pahalgam Terror Attack: Court Seeks China's Help To Trace Device

(MENAFN- Kashmir Observer) Srinagar- A Special NIA Court in Jammu has issued a Letter Rogatory to the competent judicial authority in China, seeking assistance in tracing the supply chain and end-user details of a mobile device linked to last year's Pahalgam terror attack.

The order was passed by the Special Judge on an application filed by Deputy Inspector General of the National Investigation Agency, Sandeep Choudhary, under Section 112 of the Bharatiya Nagarik Suraksha Sanhita.

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The case pertains to the April 22 attack in Pahalgam, south Kashmir, in which terrorists affiliated with the Pakistan-based Lashkar-e-Taiba killed 25 tourists and a local guide.

During the investigation, the NIA seized several material objects and electronic devices suspected to be connected to the conspiracy and execution of the attack. Among them is a GoPro Hero 12 Black camera, bearing serial number C3501325471706, which investigators believe is crucial in establishing pre-attack reconnaissance, movement and operational preparation of the terrorist module.

A lawful notice under the BNSS was issued to the manufacturer, GoPro B V, seeking details about the device's supply chain and activation. In its response, the company stated that the camera had been supplied to AE Group International Limited, a distributor based in the People's Republic of China, and was activated on January 30, 2024, in Dongguan, China.

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The manufacturer informed the agency that it does not possess downstream transaction details or end-user records. According to the NIA's application, the activation, initial use and commercial trail of the device fall within the jurisdiction of China, and the relevant purchaser and technical records can only be obtained through judicial assistance from Chinese authorities.

The court noted that India and China do not have a Mutual Legal Assistance Treaty on the subject. However, since both countries have ratified the United Nations Convention against Transnational Organized Crime, assistance can be sought under its framework.

The Ministry of Home Affairs has granted concurrence for issuing the Letter Rogatory, the court recorded.

The judge observed that the information sought is vital to establish the chain of custody, user attribution and evidentiary linkage of the seized device. Holding that all legal requirements had been complied with, the court allowed the application and directed issuance of the Letter Rogatory to the competent judicial authority in China to trace the purchaser, end user and associated technical records.

Procedural directions were also issued for translating the documents into Chinese and forwarding them through appropriate diplomatic channels. The application has been disposed of and tagged with the main case file, with a copy of the order sent to the NIA for compliance.

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