A special National Investigation Court (NIA) in Jammu has issued a request to a judicial authority in China for assistance in investigating the Pahalgam terror attack. The Letter Rogatory requests assistance in tracing the supply chain and end-user details of a mobile phone linked to an investigation into a terrorist attack.
The special judge issued the order in response to an application filed by Deputy Inspector General, National Investigation Agency (NIA), Sandeep Choudhary, under Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Terrorists linked to Pakistan’s Lashkar-e-Taiba (LeT) attacked south Kashmir’s Pahalgam on April 22, indiscriminately killing 25 tourists and a local guide.
What is a Letter Rogatory?
If a judicial authority of one of the Contracting Parties requires evidence to be taken in the territory of the other Contracting Party or in another country, such evidence may be obtained by subpoena/request. Also read | Pahalgam terror attack: How a Hindu Brahmin survived by reciting the Kalima, an Islamic prayer; ‘When I started…’
According to the Ministry of Home Affairs (MHA), “Assistance requested under subpoenas is for the purpose of serving documents and securing evidence. Requests for legal assistance can be made to any country under a bilateral treaty/agreement, multilateral treaty/agreement or international convention, or under an assurance of reciprocity.”
Pahalgam attack probe
As per the application, the NIA has seized various tangible items and electronic devices related to the plotting and execution of the terrorist attack during the course of investigation.
One such critical electronic device is a GoPro Hero 12 Black Camera, bearing serial number C3501325471706, which is relevant to the establishment of pre-attack reconnaissance, movement and operational preparation of the terror module involved in the Pahalgam attack.
“The manufacturer GoPro BV was issued with a legal notice under the BNSS requesting details regarding the supply chain and activation of the said device.”
“In its official response, GoPro BV advised that the said camera was delivered to AE Group International Limited, a distributor based in the People’s Republic of China; and the camera was activated on January 30, 2024 in Dongguan, People’s Republic of China.”
“The manufacturer further stated that it does not possess details of subsequent transactions or records of the end users of the device. The activation, initial use and commercial footprint of the said device lie within the territorial jurisdiction of the People’s Republic of China, and the information necessary to trace the buyer, end user and related technical records can only be obtained through the judicial assistance of the Chinese authorities,” the request states.
Since India and China are not bound by mutual treaty, it is possible to seek assistance under the United Nations Convention against Transnational Organized Crime (UNTOC) as both countries have ratified UNTOC.
