The Mumbai Police have approached the Union Home Ministry to facilitate the serving of court proclamation orders through Interpol against six absconding accused, including Lashkar-e-Taiba (LeT) founders Hafiz Saeed and Zaki-ur-Rehman Lakhvi, paving the way for their trial in absentia in the 26/11 Mumbai terror attacks case.
Represented by special public prosecutor Ujjwal Nikam, the Mumbai Police submitted an interim report to the special court on Friday regarding the proclamation orders issued in July against the absconding accused. The move seeks to initiate the process for conducting their trial in absentia.
“We have written to the Ministry of Home Affairs (MHA) for taking necessary steps in serving the proclamation order, through Interpol, against the accused residing in Pakistan,” Nikam told the special court hearing terror cases.
Nikam said the MHA acknowledged the request on August 3 and sought additional time to submit its status.
Six Pakistani Accused Named In Proclamation Order
The court hearing the 26/11 terror attacks case had issued proclamation orders against Saeed, Lakhvi and four other absconding accused — Sajid Mir, Abu Alqama, Asim alias Abu Qahafa, and Major Abdur Rehman Pasha. All six are Pakistani nationals.
Their alleged roles in the attacks were mentioned by Pakistani terrorist Ajmal Kasab and accused-turned-approver David Headley.
Trial In Absentia Under BNSS
Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides for criminal trials in absentia against proclaimed offenders who have absconded to evade trial and where there is no immediate prospect of their arrest.
The Mumbai Police's move to serve the proclamation orders through Interpol is aimed at advancing the legal process against the six accused who remain outside India's reach.
26/11 Mumbai Attacks Killed 166
Ajmal Kasab was the only Pakistani terrorist captured alive during the November 2008 Mumbai attacks. He was convicted of mass murder and waging war against India, sentenced to death and hanged at Yerwada Central Jail in Pune on November 21, 2012.
The 26/11 attacks left 166 people, including six Americans, dead. Ten Pakistani terrorists carried out the more than 60-hour siege, targeting several iconic and key locations across Mumbai.
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