[Posted at 0820 hours July 27th Indian Standard Time and 2250 hours July 26th New York Time]

Fai released on bail bond of $ 100,000

Will remain GPS-tethered at home, movement barred

Ahmed Ali Fayyaz

SRINAGAR, Jul27: Federal Bureau of Investigations (FBI) today delivered a charge sheet of his being an unregistered foreign agent on Kashmiri American lobbyist, Dr Ghulam Nabi Fai, who was, for the first time after his arrest last week, produced in a court. Judge ordered his release on submission of bail bond of $ 100,000, barred his movement out of his home and ordered further that the accused would remain tied to a Global Positioning System.

A New York-based Kashmiri American solicitor who watched the first hearing told Early Times over telephone from Alexandria, Virginia, that the charge sheet against the 62-year-old Executive Director and founder of Kashmiri American Council (KAC) held him guilty of operating as an agent of the Pakistani government agencies without registration and authorization in United States of America.  “Conspiracy to act as an agent of a foreign principal without registering with the Attorney General, and to falsify, conceal, and cover up material by tricks, schemes and devices, in matters within the jurisdiction of agencies of the executive branch of the government of the United States” has been mentioned as the subject of the criminal complaint against Fai.

FBI solicitors, including Special Agent Sarah Web Linden, were present when the criminal complaint against Fai [case No: 1:11MJ558] came up for hearing in the United States Court for the Eastern District of Virginia. The accused has been detained in a lock-up of the court building since his arrest by FBI on July 18^th. Fai had been picked up from his home at Fairfax, not far away from Alexandria town.

FBI solicitors stressed on Fai’s continued detention in a prison with the argument that the accused had high profile international connections and he could conveniently escape the trial. The defense lawyers asserted that Fai was a permanent resident and American national and he had high stakes in staying in USA. They pointed out that even last fortnight, days before his arrest, he had kept the world of appearing before the FBI agents when they wanted him not to travel to Tajikistan to participate in a conference of the Organisation of Islamic Countries (OIC).

Pressing for bail, Fai’s solicitors assured the court that the accused would in no way attempt to influence any evidences and he would cooperate with the FBI, as well as the court, all through the course of trial. Thereupon, judge ordered Fai’s release on bail.

According to an order passed by the judge, Dr Fai would submit a bail bond of $ 100,000. He and his wife, Chang, would surrender their passports which would remain in custody of the court. The accused would remain confined to his house in Fairfax and he would not make any movement outside the premises excluding meetings with his lawyers with the prior permission of the court. Besides, a GPS device would remain tied to his foot to facilitate FBI to monitor his movement. Fai was likely to be released in a day after completion of formalities by his wife.

FBI solicitors strongly insisted on collateral of the forfeiture of Fai’s house with the argument that its acquisition was the result of the operation of funds illegally provided to the accused by the government agencies of Pakistan. The court, however, did not concede. Fai’s solicitors looked triumphant as bail bonds in such high profile criminal matters were normally to the tune of $ 2 to 3 million.

Proceedings continued for 45 minutes and were watched by a number of Fai’s friends, associates and relatives including his wife.

END