NIA court in Jammu issues Letter Rogatory to China in Pahalgam attack probe

A Special NIA Court in Jammu has issued a Letter Rogatory to the competent judicial authority in China for assistance in tracing the supply chain and end-user details of a mobile phone linked to the probe into last year’s Pahalgam terror attack.

The Special Judge passed the order in response to an application filed by the Deputy Inspector General, National Investigation Agency (NIA), Sandeep Choudhary, under Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Terrorists affiliated with Pakistan-based Lashkar-e-Taiba (LeT) outfit struck south Kashmir’s Pahalgam hill resort on April 22, killing 25 tourists and a local guide.

According to the application, the NIA, during the course of the investigation into the case, seized various material objects and electronic devices connected with the conspiracy and execution of the terrorist attack.

One such crucial electronic device is a GoPro Hero 12 Black Camera, bearing serial no.C3501325471706, which is relevant for establishing pre-attack reconnaissance, movement and operational preparation of the terrorist module involved in the Pahalgam attack.

“A lawful notice under the BNSS was issued to the manufacturer, GoPro BV, seeking details regarding the supply chain and activation of the said device.

“In its official response, GoPro BV has informed that the said camera was supplied to AE Group International Limited, a distributor based in the People’s Republic of China; and the camera was activated on January 30, 2024, at Dongguan, People’s Republic of China.

“The manufacturer has further stated that it does not possess downstream transaction details or end-user records of the device. The activation, initial use and commercial trail of the said device lie within the territorial jurisdiction of the People’s Republic of China, and the information necessary to trace the purchaser, end-user and associated technical records can only be obtained through judicial assistance of the Chinese authorities,” the application read.

The court said since India and China are not signatories to any mutual treaty, i.e., Mutual Legal Assistance Treaty/Agreement (MLAT), on the subject, in such an eventuality, assistance as requested can be sought under the United Nations Convention against Transnational Organized Crime (UNTOC) as both the nations have ratified the UNTOC.

The order said the Ministry of Home Affairs has given its concurrence for the issuance of the Letter Rogatory to China for seeking legal assistance in the investigation of the case.

The information sought is very important for “establishing the chain of custody, user, attribution and evidentiary linkage of seized device which was supplied to AE Group International Limited, a distributor based in the People’s Republic of China”, the judge said.

“All the requisites are complied by the applicant as such in exercise of powers under section 112 BNSS, I allow the application and the Letter Rogatory is issued to the competent judicial authority of the People’s Republic of China for seeking assistance and tracing the purchaser, end user and associated technical records to unearth the larger conspiracy,” the order read.

The court also laid down procedural directions for uploading and forwarding translated copies in Chinese through the appropriate diplomatic channels.

The application has been disposed of and made part of the main case file, with a copy of the order forwarded to the NIA for compliance.