A Special National Investigation Court (NIA) in Jammu has issued a Letter Rogatory to the judicial authority in China for assistance in the Pahalgam terror attack investigation. The Letter Rogatory requests help in tracing the supply chain and end-user details of a mobile phone linked to the investigation in the terror attack case.
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 linked with Pakistan-based Lashkar-e-Taiba (LeT) outfit had struck south Kashmir’s Pahalgam on April 22, indiscriminately killing 25 tourists and a local guide.
What is Letter Rogatory?
When the judicial authority of one of the contracting parties requires that evidence should be taken into territory of the other contracting party or in other country, such evidence may be taken by the means of Letters Rogatory/Letters of Request. Also Read | Pahalgam terror attack: How a Hindu Brahmin survived by reciting Kalima, the Islamic prayer; ‘When I started…’
According to the Ministry of Home Affairs (MHA), “The assistance sought under Letters Rogatories is for service of documents and taking of evidence. Letters Rogatory may be made to any country on the basis of Bilateral Treaty/Agreement, Multilateral Treaty/Agreement or International Convention or on the basis of assurance of reciprocity.”
The Pahalgam attack probe
According to the application, the NIA seized various material objects and electronic devices linked to the conspiracy and execution of the terrorist attack during the course of the investigation.
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.
Since India and China are not linked by a mutual treaty, an assistance could be sought under the United Nations Convention against Transnational Organized Crime (UNTOC) as both the nations have ratified the UNTOC.
