Special NIA Court Issues Proclamation Against 3 Absconders

SRINAGAR: In a significant move aimed at curbing alleged digital subversion and the spread of anti‑national propaganda, the Special Judge designated under the NIA Act in Srinagar has issued proclamation orders under Section 82 of the Code of Criminal Procedure (CrPC) against three individuals named in FIR No. 07/2020, registered at Police Station Counter Intelligence Kashmir (CIK).

The proclamation has been issued against Mubeen Ahmad Shah, Azizul Hassan Ashai alias Tony Ashai- both residents of Srinagar-and Rifat Wani, a resident of Trehgam village of frontier Kupwara district. All three face serious allegations under Sections 153‑A (promoting enmity between groups) and 505 (public mischief) of the Indian Penal Code, in addition to Section 13 of the Unlawful Activities (Prevention) Act, 1967.

Over the years, all three accused have consistently used their public discourse and social media presence to amplify what they describe as human rights violations and usurpation of political rights by India in Jammu and Kashmir. Through these online engagements, they have repeatedly appealed to the international community for support, portraying their activities as part of a broader separatist campaign that they characterise as an “independence movement.”

However, as per the FIR, the case originated from credible intelligence inputs indicating a coordinated conspiracy by anti‑social and anti‑national elements allegedly acting at the behest of secessionist networks operating both within and outside the Kashmir Valley. Investigators claim that the accused exploited the guise of journalists, freelancers, and digital media operators to weaponise social media platforms—including Facebook, X (formerly Twitter), and WhatsApp—for disseminating fabricated, distorted, and inflammatory content.

The CIK investigation suggests that this orchestrated misinformation campaign was designed to provoke street violence, disrupt public order, damage public property, and foster widespread unrest. Officials allege that the content circulated by the accused sought to create disaffection against the Union of India and advance a secessionist narrative detrimental to national sovereignty and territorial integrity.

Shah, a prominent NRI businessman from Srinagar and former president of the Kashmir Chamber of Commerce and Industry (KCCI), has previously been associated with controversial online activity. He was detained under J&K’s stringent Public Safety Act in 2019 following the abrogation of Article 370 and has faced allegations of posting material inciting communal tensions and anti‑India sentiments. Official dossiers describe him as having pronounced secessionist inclinations. Shah, who runs handicrafts businesses abroad, including in Malaysia, is believed to be currently overseas- most probably in Türkiye -and allegedly continuing his online activities.

Ashai is a US‑based architect of Kashmiri origin and head of Ashai Design Corporation in California. He has earned international recognition for designing luxury residences and high‑profile architectural projects across the globe, including master plans in Pakistan and the Middle East. Despite his global professional footprint, Indian authorities allege that Ashai has been involved in circulating digital content deemed harmful to India’s national interests.

Wani, a resident of Trehgam in Kupwara district, currently reportedly based in Germany is accused of playing an active role in the coordinated dissemination of misleading and provocative material on social media. While limited public information is available regarding her professional background, investigators maintain that she is directly linked to the broader conspiracy.

Following the issuance of non‑bailable warrants, all three accused reportedly evaded arrest and went underground, prompting the court to declare them absconders. The Special NIA Court has now directed them to appear before it on or before January 31, 2026, cautioning that failure to do so will result in proceedings under Section 83 CrPC, which includes the attachment of their movable and immovable properties.

Despite being declared absconders, officials here assert that the accused continue to engage in hostile online activity, allegedly propagating false, inflammatory narratives aimed at inciting large‑scale violence and destabilising peace in J&K.

Counter Intelligence Kashmir (CIK), the specialised counter‑terror and counter‑propaganda wing of the J&K Police, has reiterated its firm resolve to combat all forms of digital subversion, anti‑national propaganda, and unlawful activities that threaten India’s unity. Authorities emphasised that such acts will invite stringent legal consequences, reaffirming a policy of zero tolerance toward attempts to undermine public order or national integrity in the sensitive region.

Officials said that this case underscores the evolving challenges posed by misinformation and hostile digital campaigns, highlighting the proactive measures being undertaken by security agencies to safeguard national security in an increasingly interconnected information landscape.