A special court of the National Investigation Agency (NIA) in Jammu and Kashmir’s Budgam district has ordered the attachment of property belonging to a US-based Kashmiri lobbyist. The order was issued on Tuesday in connection with a case registered against the accused under the Unlawful Activities (Prevention) Act (UAPA).

The lobbyist, Ghulam Nabi Fai, also known as Dr Fai, is a US resident originally from Budgam in Kashmir. The court’s decision comes after he was declared a proclaimed absconder in April this year for failing to respond to a notice asking him to appear before the investigating officers in the case.

The case against Dr Fai was registered in 2020 at Police Station Budgam under various sections of the UAPA, including charges of unlawful association, advocacy of unlawful activity, and support to terrorist organisations — all offences under Indian law.

The special judge of the NIA court, Yahaya Firdous, ordered the attachment of Dr Fai’s land measuring over 1.5 kanals — which is about 8,100 square feet — spread across two villages in Budgam- Wadwan and Chattabugh.

The court said in its order that it is satisfied from the record that the accused has “deliberately and intentionally concealed himself”, and because of this, it was necessary to issue the order to attach his immovable property.

In the order, the court said, “This court directs collector Budgam to attach the immovable property of land measuring one kanal and two marlas under Khewat No. 60, survey No. 466 in village Wadwan and land measuring 11 marlas under Khewat No. 136, survey No. 343 situated at village Chattabugh (belonging to Fai) and take possession forthwith.”

The court also said that before attaching the property, the District Collector of Budgam should ensure that help from revenue authorities is taken to identify and mark the correct land. If needed, the Senior Superintendent of Police (SSP) of Budgam must provide support to the collector during the attachment process.

Ghulam Nabi Fai is a US citizen of Kashmiri origin born and raised in Budgam. He has been living in the United States for many years and has been active in various Kashmiri advocacy groups abroad.

Fai became known for his leadership of the Kashmiri American Council (KAC), an organisation he said was created to highlight the situation in Kashmir. Fai described the KAC as a group working to raise awareness about Kashmir, although Indian authorities consider it controversial because of his alleged links to separatist activities.

UAPA case against him alleges that Fai have been involved in activities that, according to the NIA court, challenge India’s law and order. The 2020 FIR names him under sections of the UAPA for unlawful activities.

Fai also has legal cases against him in the United States. In 2011, he was arrested by the Federal Bureau of Investigation (FBI) for acting as an unregistered foreign agent and for failing to report funding that he received from sources linked to Pakistan’s intelligence agency, the Inter-Services Intelligence (ISI).

Later, a US court convicted him of conspiracy and tax offences, and he was sentenced to two years in prison. After his release, he was placed on supervised release for three years. Records from that case showed that he had funnelled funds into his lobbying efforts without reporting them to the US government.

During his US prosecution, authorities also noted that Fai had claimed to hold a doctorate degree that he did not actually have. A US Attorney at the time said that Fai had “lied to the Justice Department, the IRS, and many political leaders”.

Following the NIA court’s order, Budgam authorities moved to attach Fai’s properties. The decision to attach his land follows months of legal proceedings in India, beginning with his declaration as a proclaimed absconder after he failed to appear despite a notice.

The court’s attachment order instructs local officials to make sure that the land is properly identified and marked before formal seizure. The assistance of the local police is also to be provided when necessary.

The attachment of property is a legal step taken under the Indian criminal procedure law when a person avoids legal process, especially after being declared a proclaimed absconder. The special NIA court said it was satisfied that Fai is an intentional absconder; therefore, a property attachment order was issued.

This court order is part of India’s long-running legal action against Dr Fai. By ordering his property to be attached, the court is using its legal powers to ensure that due process is followed even when the accused does not appear.