Budgam court orders attachment of Dr Fai’s property in UAPA case
Convener News Desk
Srinagar, Dec 23: A Special Judge designated under the NIA Act in Budgam on Monday ordered the attachment of immovable property belonging to separatist leader Dr Fai- declared a proclaimed absconder in a Unlawful Activities (Prevention) Act (UAPA) case.
The court directed the District Collector, Budgam, to take immediate possession of land owned by Dr Ghulam Nabi Shah alias Dr Fai, a resident of Wadwan, Budgam, who is facing charges under Sections 10, 13 and 39 of the UAPA in FIR No. 46/2020 registered at Police Station Budgam.
Dr Ghulam Nabi Fai is living abroad and is viewed in India as an influential lobbyist for Pakistan-sponsored separatism working on the directions and payroll of ISI, particularly through his activities in the United States.
The order was passed by Special Judge Yahaya Firdous on an application moved by the prosecution under Section 83 of the Criminal Procedure Code (corresponding to Section 85 of the Bharatiya Nagarik Suraksha Sanhita), seeking attachment of the accused’s property after he failed to appear despite being declared an absconder earlier.
According to the prosecution, the court had on April 26, 2025, declared Shah a proclaimed absconder under Section 82 CrPC and issued a proclamation directing him to appear before the investigating officer within 30 days. The accused, however, did not comply and allegedly evaded the legal process.
The prosecution sought attachment of two parcels of land — one measuring one kanal and two marlas under Khewat No. 60, Survey No. 466 (Min) in village Wadwan, and another measuring 11 marlas under Khewat No. 136, Survey No. 343 (Min) in village Chattabugh, Budgam.
Revenue records and certificates issued by the Tehsildar, Narbal, placed before the court confirmed that the accused is the owner of the said land. The Tehsildar also verified that the property is presently in the possession of the accused’s brothers, with the prosecution expressing apprehension that the land could be alienated if not attached.
After examining the record, the court observed that the accused had “deliberately and intentionally concealed himself” despite being given an opportunity to appear before the investigating agency.
Directing attachment under Section 83(4) CrPC, the court ordered the District Collector, Budgam, to take possession of the property forthwith, with assistance from revenue authorities to identify and demarcate the land before attachment. The accused did not appear before the court and was not represented during the proceedings.
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