Tag: Court

‘OGW Nexus in Kashmir’: SIA files chargesheet against 4 accused in NIA court

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Srinagar, Mar 04: State Investigation Agency (SIA) Kashmir on Saturday said that it has presented chargesheet against four accused in NIA Court in Srinagar on in a militant –OGW nexus before Court of special judge designate Under NIA Act in summer capital Srinagar.
In a statement the agency said ” SIA On 04.03.2023 charge sheeted four terror accused namely Umar Mushtaq Khan S/o Mushtaq Ahmad Khan R/o Begum Bagh Kakapora Pulwama, Murtaza Rashid Dar S/o Ab. Rashid Dar R/o Samboora District Pulwama, Sajjad Ahmad Dar S/o Gh. Nabi Dar R/o Dethoo Herpora Shangus District Anantnag and Ali Kashif Jan @ Jan Ali Kashif S/o Gohar Ali R/o Village Doisrah Tehsil/District Sharsadda, Khyber Pakhtunwa, Pakistan of Jaish-e-Mohammad terrorist outfit based / operated from Pakistan before the Special Judge Designate under NIA Act Srinagar in case FIR No.16/2022 of P/S CI-SIA Kashmir U/S 13, 18, 38 & 39 of UA (P) Act r/w section 121, 120B of IPC.’
They said that on 01.09.2022, a case FIR No. 16/2022 under relevant sections of law was lodged at Police Station CIK (SIA) Kashmir based on credible inputs that handlers of terrorist / secessionist organizations operating across the border have hatched a criminal conspiracy with members of prescribed terrorist organizations operating in UT of J&K have created new modules of OGWs for aiding/abetting/assisting/ harbouring and providing variety of logistic support to terrorists /secessionist organizations, with intention to further terrorist and unlawful activities in UT of J&K.
“These modules of OGWs under a well nit conspiracy have been created / formed not only for providing variety of support to terrorist organization but also to fight a proxy war in UT of J&K with a larger objective of secession of UT of J&K from Union of India by waging war against Govt. of India / UT of J&K.”
It has further been revealed that these modules of OGWs are operating in secrecy with adversaries and operate independent of each other, the agency said according to Srinagar based news agency Kashmir Dot Com, adding that, the modules are in constant/ continuous touch with handlers / members of terrorist organizations across the border in Pakistan, amongst other modes of communication it is learnt that encrypted internet messaging platforms, besides other software applications are being used. “The above information disclosed a cognizable offense and attracted offenses punishable U/S 13, 18, 19, 38, 39, 40 UA(P) Act and 121, 120B, IPC,” it said.
The SIA further said that “During investigation accused (1), (2) & (3) who have been found involved in the commission of terror crime. They were found having clandestine connections with Pak based terrorist Ali Kashif Jan @ Ali Kashif of prescribed terrorist outfit JeM through social media and other secret messaging apps working with a motive to promote terrorist activities, besides procuring arms/ammunition and distributing them among the terrorists for carrying out terrorist activities and waging war against union of India.”
After the case was thoroughly investigated, the case has been proved and charge sheeted on Saturday before the Court of Special Judge Designated Under NIA Act Srinagar against three accused persons mentioned supra under sections 13, 18, 38, & 39 of UA(P) Act r/w 121, 120B IPC including one entity based in Pakistan against whom proceedings under section 299 of Cr. PC have been initiated, the statement added.(KDC)

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#OGW #Nexus #Kashmir #SIA #files #chargesheet #accused #NIA #court
( With inputs from : roshankashmir.net )

March 4, 2023
Delhi court reserves order on CBI plea seeking 3 more days of Sisodia’s custody

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New Delhi: A Delhi court on Saturday reserved its order on a plea by the CBI seeking further three-day custody of former Delhi deputy chief minister Manish Sisodia, arrested in a corruption case related to the excise policy.
CBI’s plea was opposed by Sisodia’s lawyer who said the inefficiency of the agency to complete its probe cannot be a ground for remand and he cannot be asked to incriminate himself.
Sisodia, who was produced before special judge M K Nagpal, said non-cooperation cannot be a ground for custody and opposed the CBI’s plea for his remand.
There was heavy security presence in and outside the Rouse Avenue Courts premises.
The supporters of the Aam Aadmi Party staged a protest outside the premises and raised slogans.
Sisodia was granted five-day CBI custody on Monday. The CBI on Sunday evening had arrested Sisodia in connection with alleged corruption in the formulation and implementation of the now-scrapped liquor policy for 2021-22.
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#Delhi #court #reserves #order #CBI #plea #seeking #days #Sisodias #custody
( With inputs from www.siasat.com )

March 4, 2023
Manish Sisodia to be produced at Delhi court in excise scam case

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New Delhi: The former Delhi Deputy Chief Minister Manish Sisodia, who was arrested by the Central Bureau of Investigation (CBI) in connection with the Delhi excise policy scam, will be produced before the Rouse Avenue District Court after the expiry of his custodial remand, sources said.
The source said that Sisodia will be produced by 2 p.m. on Saturday.
The sources have also claimed that they would further seek the custodial remand of Sisodia.
The CBI sources have claimed that the former Aam Aadmi Party Minister was still evasive and was not cooperating.
The central probe agency sources said that in January they seized a computer from the office of Sisodia. Later, it was learnt that files and other data were deleted from the computer. The CBI then sent the computer to Forensic Science Laboratory (FSL) to retrieve the deleted files. Now the FSL has given them a report and retrieved the whole file deleted from the computer.
Apart from this, Sisodia was also confronted with the statement of an IAS official, who turned approver against him and got his statement recorded under section 164 of the CrPC.
A day after his arrest Sisodia resigned from his post. Satyendar Jain, who is currently in jail and was holding the Delhi Health Minister’s post also resigned along with him.
The CBI has alleged in the remand paper that Sisodia played a crucial role in the Delhi excise policy scam.

“The report of the expert committee in connection with excise policy was changed by Sisodia only to benefit a few liquor businessmen. This was also done as through accused Vijay Nair, they had collected Rs 100 crore from South Group being controlled by South India-based liquor businessmen and politician. They would be more benefited through the policy.”
“Payment of Rs 100 crore was done through hawala channel, which we have traced. We have learnt that between September and October 2021, Sisodia changed around 14 cellphones and four SIM cards. The purpose of changing the cell phone was nothing but to destroy the evidence. Devender Sharma, the secretary of Sisodia, had provided all these mobile phones, we have his statement in this respect,” said the source.
The CBI has already filed a charge-sheet against seven persons and they are all set to file a supplementary charge-sheet in the case.
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#Manish #Sisodia #produced #Delhi #court #excise #scam #case
( With inputs from www.siasat.com )

March 4, 2023
Court refuses to interfere with withdrawal of AWBI decision on celebrating Cow Hug Day

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New Delhi: The Delhi High Court on Friday refused to interfere with the decision of the Animal Welfare Board of India (AWBI) to withdraw its notification declaring February 14 as Cow Hug Day’.
Justice Prathiba M Singh said the celebration of any event by AWBI was within the domain of the board and the government and the court cannot interfere with it.
Petitioner Kolisetty Shiva Kumar said in his plea that being a spiritual person and a cow lover, he “made arrangements for conducting the event in a massive manner in Hyderabad and the entire Telangana State” and the sudden withdrawal of ‘Cow Hug Day’ without specifying any reason was unjust, arbitrary and contrary to the provisions of the Constitution of India.
“The celebration of any event by AWBI clearly is within the domain of policy of board and government. The same cannot be interfered with in a petition under Article 226,” said the court.
Besides assailing the withdrawal, the petitioner –represented by lawyer Sravan Kumar, also sought a direction to the authorities to take initiative for the implementation of the February 6 notification on celebration of Cow Hug Day’ on February 14.
February 14 is observed as Valentine’s Day across the world.
The petitioner had submitted that the Supreme Court has in certain cases emphasised the importance of cows and held that protection of cow progeny was needed in the interest of the nation’s economy.
The plea argued the revocation of the decision on celebrating Cow Hug Day’ was illegal.

“The notification dated 6.2.2023 was issued for protection and promotion of cows in the country in accordance with the Article 48 of the Constitution of India after due consultation and approvals from the authorities. The Cows being sacred in India holds importance very much but they are also beneficial in other manners,” the plea asserted.
“No reason was stated in the revocation notification for the withdrawal of cow day announcement. The act of the Respondent is illegal and contrary to the law,” it added.
The AWBI, which is under the Department of Animal Husbandry and Dairying, had issued a notice appealing to people to celebrate ‘Cow Hug Day’ on February 14 to spread “positive energy” and encourage “collective happiness”, saying “All cow lovers may celebrate February 14 as Cow Hug Day keeping in mind the importance of mother cow and make life happy and full of positive energy.”
The notification was withdrawn on February 10 following directions from the government amid widespread criticism on social media.
The board, established in 1962 under Section 4 of the Prevention of Cruelty to Animals Act, 1960, provides grants to animal welfare organisations and advises the Centre on animal welfare issues.
It is a statutory advisory body on animal welfare laws and promotes animal welfare in the country.
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#Court #refuses #interfere #withdrawal #AWBI #decision #celebrating #Cow #Hug #Day
( With inputs from www.siasat.com )

March 3, 2023
Excise Policy Case: Manish Sisodia moves bail plea in trial court

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New Delhi: Former Delhi Minister and Aam Aadmi Party (AAP) leader Manish Sisodia, who is presently in CBI remand, moved a regular bail petition in a trial court on Friday.
Sisodia was recently arrested by the Central Bureau of Investigation (CBI) for alleged irregularities in the framing and implementation of the excise policy of GNCTD.
According to the lawyer concerned, hearing on the bail plea will be held on Saturday. Sisodia is also scheduled to be produced on Saturday at the end of his remand period granted on February 27, 2023.
Rouse Avenue Court on Monday while sending Sisodia to CBI remand directed that the interrogation of the accused during the remand period shall be conducted at some place having CCTV coverage in accordance with guidelines laid down by the Supreme Court and the said footage shall be preserved by the CBI.
Special Judge MK Nagpal on February 27, 2023, decided to send Manish Sisodia to CBI remand till March 4, 2023. Sisodia was arrested on Sunday in an ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of GNCTD.
The court said, keeping in view the facts and circumstances, the accused is being remanded to CBI custody for a period of five days i.e. till March 4, 2023, for his further and extensive interrogation.
The court observed that the accused had joined the investigation of this case on two earlier occasions, but it has also been observed that he has failed to provide satisfactory answers to most of the questions put to him during his examination and interrogation conducted and has thus, failed to legitimately explain the incriminating evidence which has allegedly surfaced against him in the investigation conducted so far.
It is true that he cannot be expected to make self-incriminating statements, but the interests of justice and of a fair investigation require that he should come up with some legitimate answers to the questions which are being put to him by the Investigation officer.

Some of his subordinates are found to have disclosed certain facts which can be taken as incriminating against him and some documentary evidence against him has also already surfaced a proper and fair investigation requires that some genuine and legitimate answers to the questions being put to him about the same are to be found and hence, in considered opinion of this court, this can only be done during custodial interrogation of the accused, noted the court.
During arguments, CBI counsel told the court that the Delhi Deputy CM’s custodial interrogation is required for an effective investigation into the case. While seeking five days’ remand of Sisodia, CBI said, “Conspiracy was hatched in a very planned and secret manner.”
Meanwhile, senior Advocate Dayan Krishnan appeared for Sisodia and opposed the remand application of CBI.
“If someone is not willing to say something, that cannot be a ground for arrest,” argued Sisodia’s lawyer.
“What should I do with a phone that I changed? I am a minister, I cannot send it to a second-hand shop, it would have important data. CBI confronted me with the material but I did not confess. The remand application says I gave evasive replies. This cannot be a ground for remand. They search my residence on August 19, 2022. I hand over my phone. They called me to join the investigation and I joined. I cooperated,” Advocate Dayan Krishnan argued for Delhi Deputy CM.
The CBI on Sunday released a statement on Sisodia’s arrests, claiming he was giving evasive replies and wasn’t cooperating in the ongoing investigation of the liquor scam case.
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#Excise #Policy #Case #Manish #Sisodia #moves #bail #plea #trial #court
( With inputs from www.siasat.com )

March 3, 2023
Court Issues Non-Bailable Warrant Against 13 Kishtwar-Based Militants

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Kishtwar, Mar 2 (GNS): A special NIA court on Thursday issued non-bailable warrant against 13 Kishtwar-based militants operating from across the border.
“Upon request of Kishtwar Police, NIA Special Court, Jammu, issued Non Bailable Warrants (NBWs) against 13 militants who hail from District Kishtwar but they are settled and operating from PAK”, reads a statement issued by National Investigation Agency to GNS.
The names of militants, as per the statement, include; Shahnawaz Kanth alias Munna alias Umer son of Abdul Rasheed, resident of Hullar Kishtwar; Nayeem Ahmed alias Amir/Gazi son of Gh. Nabi Gundna, resident of Near Jamia Masjid Kishtwar; Mohd Iqbal alias Bilal son of Mohd Akber Butt resident of Near Kichloo Market Kishtwar; Shahnawaz alias Nayeem son of Gh. Mohd resident of Chirool Padyarna; Javid Hussain Giri alias Muzamil son of Mohd Amin Giri resident of Kundali Pochal; Bashir Ahmed Mughal son of Gh. Qadir Mughal resident of Jugna Keshwan; Gazi-ul-Din son of Mohd Ayoub Guijer resident of Jugna Keshwan; Sattar Din alias Rajab alias Saifullah son of Mehar Din Gujjar resident of Jugna Keshwan; Imtiyaz Ahmed alias Dawood son of Aziz Mohd Sheikh, resident of Banderna Kishtwar; Shabir Ahmed son of Ghulam Mohi-Ud-Din resident of Kither Bonjwah; Mohd Rafig Keen son of Bashir Ahmed Keen resident of Patnazi Bonjwah; Muzaffer Ahmed son of Abdul Ahmed Dev resident of Semna Colony Zewar Kishtwar and Azad Hussain son of Abdul Majeed resident of Affani Padder presently residing in PAK.
“The warrants have been issued in NIA case FIR 272/2022 (J&K Terror related case), which stands charged with offences in case FIR No.272/2022 under Section120-B/121-A/IPC, 13/18/39/UAPA OF P/S Kishtwar SSP Kishtwar Khalil Poswal said that Chief Investigation Officer (CIO) of Kishtwar Police approached the Special NIA Court for issuing Non-Bailable Warrants against above accused for their active involvement in terror activities for creating unrest in the Chenab valley and other parts of Jammu and Kashmir.”
“They mobilised sleeper cells and pushed them into J&K in connivance with secessionist and separatist leaders for waging war against the Government of India with the nefarious design of seceding Jammu and Kashmir from Union of India”, the statement adding further investigation in the case is underway. (GNS)
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#Court #Issues #NonBailable #Warrant #KishtwarBased #Militants
( With inputs from : thegnskashmir.com )

March 2, 2023
Karnataka court quashes rape case lodged by daughter against father

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Dakshina Kannada: In a rare case, a POCSO court in Karnataka’s Mangaluru on Thursday quashed the rape case filed against a man by his daughter on Thursday for the lack of evidence.
Two daughters of the accused had lodged separate cases against him with the Mangaluru Women’s Police station in June 2021, alleging that he had raped them when they were minors.
The younger daughter alleged that her father had raped her continuously for three years.
The Additional Sessions and Second Fast Track Pocso Court, which had taken up this case for inquiry, had stated that there is no evidence against the accused to prove charges against him.
Judge K.M. Radhakrishna has ordered the release of the accused, who was in jail for one and a half years.
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#Karnataka #court #quashes #rape #case #lodged #daughter #father

( With inputs from www.siasat.com )

March 2, 2023
Delhi excise policy case: Court sends liquor businessman to 5-day ED custody

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New Delhi: A court here on Thursday sent liquor businessman Amandeep Dhall to five-day Enforcement Directorate custody for interrogation in a money-laundering matter related to the Delhi excise policy scam case.
Special Judge Vikas Dhull sent the accused to the agency’s custody after it produced him before the court and sought his custodial interrogation.
The Enforcement Directorate (ED) told the court that Dhall was required to be confronted with the other accused persons in the case to unearth the larger conspiracy and find out the money trail.
Dhall, the executive director of Brindco Sales Private Limited, was arrested on Wednesday night under provisions of the Prevention of Money Laundering Act (PMLA) following his questioning, the agency said.
Brindco is a major importer and distributor of a variety of liquor brands and related beverages.
According to a FIR lodged by the CBI, Aam Aadmi Party (AAP) functionary Vijay Nair, Manoj Rai, Dhall and Sameer Mahandru were actively involved in framing and implementing the Delhi government’s excise policy for 2021-22.
The ED’s money-laundering case stems from the CBI FIR, in which former Delhi deputy chief minister Manish Sisodia is currently in CBI custody.
In its second chargesheet filed in the case, the ED had appended the statement of another accused, Arun Pillai, who claimed that Dhall “had a good grasp of the Delhi liquor market and knew all the minute details of the (excise) policy changes”.

“Aman (Dhall) explained to them how the market will work and how to use the loopholes introduced in the policy to their advantage…,” the ED said.
The ED has filed two chargesheets or prosecution complaints in the case so far and arrested 10 people, including Dhal.
The excise policy was scrapped in August last year and the Delhi lieutenant governor subsequently asked the CBI to probe the alleged irregularities and corruption involving government authorities, bureaucrats and liquor traders, among others.
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#Delhi #excise #policy #case #Court #sends #liquor #businessman #5day #custody
( With inputs from www.siasat.com )

March 2, 2023
NIA Court Jammu Issues Non-Bailable Warrant Against 13 Kishtwar-based Militants

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SRINAGAR: National Investigation Agency (NIA) on Thursday issued a non-bailable warrant against 13 Kishtwar-based militants operating from across the border.
“Upon request of Kishtwar Police, NIA Special Court, Jammu, issued Non Bailable Warrants (NBWs)against 13 [militants] who hail from District Kishtwar but they are settled and operating from PAK”, reads a statement issued to the news agency GNS.
The names of militants, as per the statement, include; Shahnawaz Kanth alias Munna alias Umer son of Abdul Rasheed, resident of Hullar Kishtwar; Nayeem Ahmed alias Amir/Gazi son of Gh. Nabi Gundna, resident of Near Jamia Masjid Kishtwar; Mohd Iqbal alias Bilal son of Mohd Akber Butt resident of Near Kichloo Market Kishtwar; Shahnawaz alias Nayeem son of Gh. Mohd resident of Chirool Padyarna; Javid Hussain Giri alias Muzamil son of Mohd Amin Giri resident of Kundali Pochal; Bashir Ahmed Mughal son of Gh. Qadir Mughal resident of Jugna Keshwan; Gazi-ul-Din son of Mohd Ayoub Guijer resident of Jugna Keshwan; Sattar Din alias Rajab alias Saifullah son of Mehar Din Gujjar resident of Jugna Keshwan; Imtiyaz Ahmed alias Dawood son of Aziz Mohd Sheikh, resident of Banderna Kishtwar; Shabir Ahmed son of Ghulam Mohi-Ud-Din resident of Kither Bonjwah; Mohd Rafig Keen son of Bashir Ahmed Keen resident of Patnazi Bonjwah; Muzaffer Ahmed son of Abdul Ahmed Dev resident of Semna Colony Zewar Kishtwar and Azad Hussain son of Abdul Majeed resident of Affani Padder presently residing in PAK.
“The warrants have been issued in NIA case FIR 272/2022 (J&K Terror-related case), which stands charged with offenses in case FIR No.272/2022 under Section120-B/121-A/IPC, 13/18/39/UAPA OF P/S Kishtwar SSP Kishtwar Khalil Poswal said that Chief Investigation Officer (CIO) of Kishtwar Police approached the Special NIA Court for issuing Non-Bailable Warrants against above accused for their active involvement in terror activities for creating unrest in the Chenab valley and other parts of Jammu and Kashmir.”
“They mobilized sleeper cells and pushed them into J&K in connivance with secessionist and separatist leaders for waging war against the Government of India with the nefarious design of seceding Jammu and Kashmir from Union of India”, the statement adding further investigation in the case is underway.

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#NIA #Court #Jammu #Issues #NonBailable #Warrant #Kishtwarbased #Militants
( With inputs from : kashmirlife.net )

March 2, 2023
NIA Court Jammu Issues Non-Bailable Warrant Against 13 Kishtwar-based Militants Operating from Across Border

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Kishtwar, Mar 2: National Investigation Agency (NIA) on Thursday issued non-bailable warrant against 13 Kishtwar-based militants operating from across the border.
“Upon request of Kishtwar Police,NIA Special Court, Jammu, issued Non Bailable Warrants (NBWs)against 13 [militants] who hail from District Kishtwar but they are settled and operating from PAK”, reads a statement issued to GNS.
The names of militants, as per the statement, include; Shahnawaz Kanth alias Munna alias Umer son of Abdul Rasheed, resident of Hullar Kishtwar; Nayeem Ahmed alias Amir/Gazi son of Gh. Nabi Gundna, resident of Near Jamia Masjid Kishtwar; Mohd Iqbal alias Bilal son of Mohd Akber Butt resident of Near Kichloo Market Kishtwar; Shahnawaz alias Nayeem son of Gh. Mohd resident of Chirool Padyarna; Javid Hussain Giri alias Muzamil son of Mohd Amin Giri resident of Kundali Pochal; Bashir Ahmed Mughal son of Gh. Qadir Mughal resident of Jugna Keshwan; Gazi-ul-Din son of Mohd Ayoub Guijer resident of Jugna Keshwan; Sattar Din alias Rajab alias Saifullah son of Mehar Din Gujjar resident of Jugna Keshwan; Imtiyaz Ahmed alias Dawood son of Aziz Mohd Sheikh, resident of Banderna Kishtwar; Shabir Ahmed son of Ghulam Mohi-Ud-Din resident of Kither Bonjwah; Mohd Rafig Keen son of Bashir Ahmed Keen resident of Patnazi Bonjwah; Muzaffer Ahmed son of Abdul Ahmed Dev resident of Semna Colony Zewar Kishtwar and Azad Hussain son of Abdul Majeed resident of Affani Padder presently residing in PAK.
“The warrants have been issued in NIA case FIR 272/2022 (J&K Terror related case), which stands charged with offences in case FIR No.272/2022 under Section120-B/121-A/IPC, 13/18/39/UAPA OF P/S Kishtwar SSP Kishtwar Khalil Poswal said that Chief Investigation Officer (CIO) of Kishtwar Police approached the Special NIA Court for issuing Non-Bailable Warrants against above accused for their active involvement in terror activities for creating unrest in the Chenab valley and other parts of Jammu and Kashmir.”
“They mobilised sleeper cells and pushed them into J&K in connivance with secessionist and separatist leaders for waging war against the Government of India with the nefarious design of seceding Jammu and Kashmir from Union of India”, the statement adding further investigation in the case is underway. (GNS)
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#NIA #Court #Jammu #Issues #NonBailable #Warrant #Kishtwarbased #Militants #Operating #Border
( With inputs from : roshankashmir.net )

March 2, 2023