NIA To Seek Proclaimed Offender Status For Hafiz Saeed, Pursue In-Absentia Trial | Exclusive

Last Updated:July 13, 2026, 11:54 IST

The agency plans to use provisions under the BNSS to build a court-backed case against the LeT chief and eventually seek his conviction in his absence, top sources told CNN-News18.

In an unprecedented move, the National Investigation Agency (NIA) is preparing to seek the conviction of Lashkar-e-Taiba chief Hafiz Saeed in absentia after filing a chargesheet against him in the Pahalgam case, top NIA sources told CNN-News18.

The agency plans to initiate proceedings to have Saeed declared a proclaimed offender, a step that sources described as crucial to eventually putting him on trial despite his absence from an Indian court.

According to the sources, the NIA is treating the chargesheet as a test case for provisions introduced under the Bharatiya Nagarik Suraksha Sanhita, 2023, which allow proceedings against certain accused persons who deliberately evade the judicial process.

NIA To Seek Non-Bailable Warrants

The NIA will first approach the Special Court for non-bailable warrants against Saeed. It will then seek a proclamation requiring him to appear before the court.

Sources said Saeed was unlikely to comply with the court’s directions. His failure to appear would, however, allow the agency to argue that he was wilfully evading Indian justice and move ahead with the process of declaring him a proclaimed offender.

The agency is intentionally seeking to build what sources described as an airtight judicial record before pushing for an in-absentia trial.

According to the sources, the objective is to ensure that every procedural requirement, including the issuing and serving of warrants and summons, is formally documented so that any eventual conviction is difficult to challenge internationally.

Court Order To Be Sent To Pakistan

Once the court issues a proclamation, the NIA plans to route it through the Ministry of Home Affairs and the Ministry of External Affairs to the Indian High Commission in Islamabad.

It will then be formally conveyed to Pakistan’s Foreign Ministry, creating a documented cross-border record of India’s attempt to secure Saeed’s appearance before the court.

Sources said the proclamation and Pakistan’s response, or lack of one, would also be added to the material linked to Saeed’s active Interpol Red Corner Notice.

The agency also plans to serve formal court summons and send Letters Rogatory to Pakistan. Sources said any failure by Islamabad to act on these requests would be placed on record as evidence of continued non-compliance.

Evidence May Be Recorded Electronically

The eventual objective is to conduct Saeed’s trial in absentia and record the evidence against him electronically, according to the sources.

The NIA believes that strict compliance with the legal process would allow it to secure a conviction that Pakistan would find difficult to dismiss as merely a political allegation.

Sources said New Delhi has, for decades, sent dossiers to Islamabad containing evidence against individuals accused of terrorism. Pakistan, however, had repeatedly rejected such dossiers or maintained that the evidence supplied was insufficient.

The proposed proceedings are intended to move the case beyond the exchange of diplomatic dossiers and convert India’s allegations into findings recorded by a sovereign court.

The chargesheet will name Saeed both in his individual capacity and in his alleged capacity as the chief of Lashkar-e-Taiba, the sources said.

NIA Aims To End Pakistan’s Deniability

According to sources, an in-absentia conviction would alter Saeed’s legal status internationally — from that of an accused or suspect to an individual convicted by an Indian court.

New Delhi could then present the judgment and supporting court records before the United Nations Security Council Sanctions Committee and share them with other international partners.

The government also intends to use the judicial record to push for stricter financial restrictions, travel bans and asset freezes against Saeed and alleged proxy organisations such as The Resistance Front.

Sources said the record of unanswered summons, warrants and Letters Rogatory could also be presented before international watchdogs such as the Financial Action Task Force.

The broader objective is to exhaust every available judicial and diplomatic mechanism and counter Islamabad’s repeated claim that India has not provided sufficient evidence against Saeed.

According to the sources, declaring Saeed a proclaimed offender and subsequently securing his conviction would allow India to present formal legal documents alleging that Pakistan is harbouring a convicted terrorist on its territory.

About the Author

Manoj Gupta

Group Editor, Investigations & Security Affairs, Network18

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