Court issues Letter Rogatory to China on NIA’s plea
*Investigators unable to trace end-user records
Sanjeev Pargal
JAMMU, Mar 3: A GoPro Hero 12 black camera transported from China to Jammu and Kashmir was used for establishing pre-attack reconnaissance, movement and operational preparation of terrorist module involved in April 22, 2025 terror attack at Baisaran Valley in Pahalgam, South Kashmir in which 26 civilians including 25 tourists and a local guide were killed.
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This was revealed in an application filed by the National Investigation Agency (NIA) before the Special NIA Court in Jammu seeking approval to issue a Letter Rogatory to Chinese authorities to trace purchaser of the camera.
The Court, in its order yesterday, has issued the Letter Rogatory.
The Special NIA court granted permission after the NIA informed it that key information relating to the camera’s activation, initial use and commercial trail lies within the jurisdiction of the People’s Republic of China and that the Ministry of Home Affairs (MHA) has cleared the process
The NIA, in its application has stated that during investigation of Pahalgam terror attack, various material objects and electronic devices connected with conspiracy and execution of the attack have been examined.
“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 terrorist module involved in Pahalgam attack, ” the NIA said in its statement before the court.
The NIA informed the court that it has so far been unable to trace the camera’s end-user records or establish how the device was transported from China to Jammu and Kashmir. To establish linkage, user attribution and evidentiary chain of custody, it sought judicial permission to formally approach Chinese authorities.
The NIA has told the court that tracing the purchaser, end user and associated technical records of the camera is necessary to establish the larger conspiracy behind the attack.
The Court approved the Letter Rogatory to Chinese authorities to trace the purchaser and end user of a GoPro Hero 12 Black camera allegedly used to conduct reconnaissance of Kashmir’s Baisaran Valley ahead of the April 2025 Pahalgam terror attack.
“Since the information sought for is very important so far establishing the chain of custody, user, attribution and evidentiary linkage of seized device i.e. camera, GoPro B.V which was supplied to AE Group International Limited, a distributor based in the People’s Republic of China.
“All the requisites are complied by the applicant as such in exercise of powers under Section 112 BNSS, I allow the application and Letter Rogatory is issued to competent judicial authority of the People’s Republic of China for seeking assistance and tracing the purchaser, end user and associated technical records to unearth the larger conspiracy,” the Special Judge under NIA Act, Jammu observed in his order.
The court observed that the Ministry of Home Affairs has given the concurrence for issuance of Letter Rogatory to the People’s Republic of China for seeking legal assistance in investigations of the NIA case
The court said since India and China are not signatories to any mutual treaty, i.e. Mutual Legal Assistance Treaty/Agreement (MLAT), on the subject, in such an eventuality, assistance as requested can be sought under the United Nations Convention against Transnational Organized Crime (UNTOC) as both the nations have ratified the UNTOC.
The court further directed the Investigating Officer to upload a soft copy of the Letter Rogatory, along with translated versions, on the Mutual Legal Assistance Treaty (MLAT) portal. It also ordered that three sets of the physical Letter Rogatory, one original and two photocopies – along with Chinese translations, be sent to the International Police Cooperation Unit (IPCU) of the Central Bureau of Investigation (CBI).
The IPCU, designated as the nodal unit for communication with global agencies and Interpol, has been directed to forward the request to Chinese authorities through diplomatic channels.
According to submissions made by the NIA before the Special Court, the camera was supplied by the US-based manufacturer, GoPro B.V., to AE Group International Limited, a distributor based in China. The agency told the court that the device was activated on January 30, 2024, in Dongguan, China.
The NIA had earlier issued a notice to GoPro B.V. seeking details of the purchaser, end user and associated technical records of the device. In its response, the manufacturer stated that it does not possess downstream transaction data and does not have information on the device’s end-user records.
“The manufacturer has further stated that it does not possess downstream transactions. 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 NIA submitted before the court.
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