J&K must use BNSS clauses to ensure 'trial in absentia' in terror cases: Amit Shah

NEW DELHI: Union home minister Amit Shah on Tuesday said J&K must urgently use the new provision in the

Bharatiya Nagarik Suraksha Sanhita

(BNSS) allowing 'trial in absentia' of an accused declared as a proclaimed offender and who has absconded to evade trial with no immediate prospects of arrest.
Shah made this observation while chairing a meeting here to review implementation of the new criminal laws in J&K, in the presence of LG Manoj Sinha and chief minister Omar Abdullah. The 'trial in absentia' provision is expected to facilitate trial in terror cases in J&K, given that the main accused in these cases - masterminds heading foreign terror outfits and handlers of the arrested accused - operate from safe havens in Pakistan or Pakistan-occupied Kashmir.
By virtue of Section 355 and 356 of the BNSS, Pakistan-based terror masterminds can be put on trial in India and the judgment pronounced in their absence.
Shah directed J&K authorities to ensure the full implementation of the new criminal laws - BNSS, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam - by April.

Sources in the J&K LG's office said the infrastructure and systems required for 100% rollout of the new laws - across pillars of criminal justice like police, prisons, prosecution, courts and forensics - are at an advanced stage of readiness. The training of the J&K Police in the new criminal justice system is nearly 72% complete, they added. Shah has asked this to be completed at the earliest.
Briefing reporters after the meeting, Abdullah said while implementation of the criminal laws is not his mandate (with law and order being the LG's domain), his govt does have a role in spreading awareness about the laws across universities, colleges, and in social and political circles.
During the meeting - attended by DGs of the Bureau of Police Research and Development and the National Crime Records Bureau - Shah stressed on the need for the J&K Police to focus on safeguarding the rights of citizens, with terror activities on the wane and the improving security scenario in the UT.
He said the process of filing of chargesheets must be expedited and decisions on invoking provisions related to terrorism and organised crime taken after scrutiny at the level of superintendent of police, to prevent any misuse.