Current Affairs Topics Archive
International Relations Economics Polity & Governance Environment & Ecology Science & Technology Internal Security Geography Social Issues Art & Culture Modern History

J&K police secure non-bailable warrants against 4 Hizbul ‘commanders’, including chief Salahuddin

February 28, 2026 5 min read Internal Security Polity & Governance GS3
On This Page ▼

What Happened

  • A Sessions Court in Srinagar issued Non-Bailable Warrants (NBWs) against four Hizbul Mujahideen (HM) commanders, including Syed Salahuddin (Mohammad Yousuf Shah), the supreme commander of HM and head of the United Jihad Council (UJC).
  • The warrants relate to FIR No. 05/1996 registered at Police Station CIK (Counter-Intelligence Kashmir) under Sections 121, 121-A, 153-A, and 153-B of the Ranbir Penal Code (now superseded in J&K by the IPC/BNS), read with Section 13 of the Unlawful Activities (Prevention) Act (UAPA).
  • The other three accused: Ghulam Nabi Khan (alias Amir Khan), identified as HM's Deputy Supreme Commander; Sher Mohammad (alias Bahadur/Riyaz), an HM commander; and Nasir Yousuf Qadri, who allegedly operates the Kashmir Media Service.
  • The court criticised the nearly 30-year delay between the FIR (1996) and the securing of warrants, emphasising that such delays undermine the judicial process and the rights of victims.
  • All four accused are currently based across the Line of Control (LoC) in Pakistan-administered territory and have been evading Indian justice for decades.
  • Counter-Intelligence Kashmir (CIK) secured the warrants as part of a broader strategy to build legally airtight cases against absconding militants.

Static Topic Bridges

Hizbul Mujahideen and the Kashmir Insurgency

Hizbul Mujahideen (HM), meaning "Party of the Holy Warriors," is the largest Pakistan-based militant organisation focused on the Kashmir insurgency. Founded in 1989 with support from Pakistan's Inter-Services Intelligence (ISI), HM sought to shift the Kashmir movement away from Kashmiri nationalism toward jihadist ideology. It operates under the umbrella of the United Jihad Council (UJC), a Pakistan-based coalition of militant groups.

  • HM was established with backing from Pakistani President Muhammad Zia-ul-Haq's regime, as part of Pakistan's strategy to internationalise the Kashmir dispute and leverage militants as proxies.
  • Syed Salahuddin (real name Mohammad Yousuf Shah, a former J&K legislative assembly candidate) crossed to Pakistan in 1989 and became HM's supreme commander.
  • The US designated Syed Salahuddin as a Specially Designated Global Terrorist in 2017.
  • HM is banned as a terrorist organisation by India under UAPA, and has been designated by the US, EU, and Canada.
  • At its peak in the 1990s, HM had thousands of active cadres inside J&K; its strength has declined significantly due to counter-insurgency operations, but cross-border support infrastructure remains.

Connection to this news: The warrants target the top HM leadership — individuals who have remained physically beyond India's jurisdiction for over 30 years. Securing court-issued warrants establishes a formal legal record of guilt in absentia and supports diplomatic pressure on Pakistan to extradite or act against these individuals.

Unlawful Activities (Prevention) Act (UAPA) — India's Counter-Terrorism Framework

The Unlawful Activities (Prevention) Act, originally passed in 1967 and substantially amended in 2004, 2008, and 2019, is India's primary legislative instrument for dealing with terrorist organisations and their members. It enables designation of organisations as "terrorist organisations," allows longer detention periods, and provides for seizure of proceeds of terrorism.

  • Section 13 UAPA (punishment for unlawful activities): up to 7 years imprisonment for being a member of or supporting an unlawful organisation.
  • The 2019 amendment enabled the designation of individuals (not just organisations) as terrorists, allowing freezing of assets and travel bans on named persons.
  • Under UAPA, bail is exceptionally difficult: the court must be satisfied that the allegations are prima facie untrue — a higher burden than standard bail proceedings.
  • The National Investigation Agency (NIA) has primary jurisdiction for UAPA cases involving transnational networks; the NIA has a dedicated J&K division.
  • IPC Section 121 (waging war against the Government of India) carries the death penalty or life imprisonment — making FIR No. 05/1996 one of the gravest possible charges.

Connection to this news: The case against Salahuddin and others combines the most serious IPC offences (waging war — Section 121) with UAPA provisions, reflecting the dual legal framework India deploys against individuals who both led an armed insurgency and belong to a designated terrorist organisation.

Non-Bailable Warrants and Absconding Accused in Cross-Border Cases

A Non-Bailable Warrant (NBW) is a court order for the arrest of a person that cannot be converted to bail at the police station level — bail can only be granted by a court. In cases where the accused has absconded, courts can issue NBWs and also declare persons as "proclaimed offenders" under Section 82 CrPC (now Section 84 BNSS), which triggers additional consequences including property attachment.

  • Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaced the CrPC), trials can be conducted in absentia against proclaimed offenders, ensuring cases are not indefinitely stalled.
  • India's extradition requests to Pakistan have historically been rejected; Pakistan does not recognise the legal basis of Indian cases against these individuals.
  • The Mutual Legal Assistance Treaty (MLAT) framework for South Asia remains weak — India has active MLATs with about 45 countries but the India-Pakistan MLAT framework is non-functional.
  • Serving NBWs across the LoC is practically impossible, making the legal proceedings largely declaratory — establishing a legal record rather than enabling immediate arrest.

Connection to this news: The court's criticism of the 30-year delay in securing warrants highlights a structural challenge in India's counter-terrorism legal framework: the inability to compel the appearance of accused who have crossed to Pakistan leaves cases in perpetual limbo, with warrants serving primarily as legal and diplomatic instruments rather than immediate enforcement tools.

Key Facts & Data

  • FIR No. 05/1996, Police Station CIK: Sections 121, 121-A, 153-A, 153-B Ranbir Penal Code + Section 13 UAPA.
  • Syed Salahuddin: designated US Specially Designated Global Terrorist (2017); HM banned under UAPA in India.
  • Nasir Yousuf Qadri is alleged to operate Kashmir Media Service, which Pakistan uses as a propaganda outlet for the Kashmiri militant narrative.
  • Section 121 IPC/BNS (waging war against India): punishable by death or life imprisonment.
  • The 2019 UAPA amendment allows designation of individuals as terrorists — India's list now includes ~50 individuals, including Salahuddin.
  • The United Jihad Council (UJC) is based in Pakistan-administered Kashmir and comprises over a dozen militant organisations.
  • India's counter-insurgency deaths in J&K have declined from a peak of ~4,000/year in the early 2000s to under 100/year in recent years, reflecting reduced infiltration but persistent cross-border support networks.