The Supreme Court today has directed the National Investigation Agency (NIA) to produce a key prosecution witness, No. 272, for examination before the trial court after the accused opposed the recording of testimony through a court-appointed commissioner. The Court held that in light of such opposition, the prosecution must ensure the physical presence of the witness for examination.

The issue arose in relation to Witness No. 272, whose testimony remains pending. While the trial court had considered examining the witness through a court commissioner due to health concerns, the accused argued that the witness was medically fit to travel and insisted on an in-person examination before the special court. Accepting this objection, the Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi ruled that the prosecution must produce the witness rather than proceed through an alternative mode.

“Since the petitioner-accused is opposing examination of witness number 272 through court commissioner, let the prosecution produce that witness.”

The Court noted that the trial is otherwise continuing, with several witnesses already examined and others scheduled, and clarified that the delay is confined to the examination of this particular witness.

The case forms part of the Jammu and Kashmir “larger conspiracy” matter, in which Suhail Ahmad Thokar is among several accused charged under the Unlawful Activities (Prevention) Act. The prosecution alleges that following the abrogation of Article 370 in August 2019, multiple banned terrorist organisations, including Lashkar-e-Taiba, Jaish-e-Mohammed, Hizb-ul-Mujahideen, and associated fronts such as The Resistance Front and People Against Fascist Forces, were involved in a coordinated conspiracy to carry out terrorist activities.

According to the NIA, the alleged conspiracy operated across both physical and digital networks, with support from Pakistan-based handlers and Over-Ground Workers in India. Thokar has been charged under various provisions of the Indian Penal Code, including Sections 120B, 121A, 122, and 123, along with Sections 18, 18A, 18B, 20, 38, and 39 of the UAPA.

Appearances

ASG KM Nataraj