Washington The case of Kashmiri separatist Syed Ghulam Nabi Fai, who has been charged by the FBI of being an undeclared agent of Pakistani spy agency ISI in the US, has been referred to a grand jury which will determine if there is enough evidenc
e for a trial. ‘The matter has been referred to the grand jury, so no further hearings are scheduled pending action by the grand jury,’an official of the US District Court told PTI. A grand jury is traditionally larger than and distinguishable from a alt145 petitalt39jury or the trial jury, which is used during a trial. Grand juries carry out their job by examining evidence and issuing indictments, or by investigating alleged crimes and issuing presentments.
The court official said it is the grand jury which will determine if there is enough evidence for trial against Fai, who is currently under house arrest with electronic surveillance at his residence in Fairfax, an effluent suburb of Washington.
Fai heads the Washingtonbased Kashmiri American Council ( KAC). Meanwhile, following an appeal by the prosecution, the Alexandria court hearing the case ordered that the defence would not make any of the classified information public without the consent of the court.
Assistant United States Attorney, Gordon D Kromberg, had moved a motion for protective order, seeking an order by the court to ensure that secret evidence and information in the case are not disclosed by Fais attorneys.
Kromberg said Fai has been charged by criminal complaint with conspiring 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 this matter. By foreign principal, Kromberg meant the Inter- Services Intelligence ( ISI) of Pakistan.
‘In essence, the charge alleges that the defendant acted as an unregistered agent of the ISI Agency of the Government of Pakistan and made false and misleading statements to government agents to conceal that fact,’the motion alleged.