26/11 Mumbai Terror Attack Case: In A First Under BNSS, Trial In Absentia Process Begins Against 6 Pakistani Accused, Including Hafiz Saeed, Lakhvi

Mumbai: The legal process to conduct a trial in absentia against six Pakistani nationals accused in the 26/11 Mumbai terror attacks has begun, marking the first such proceeding in a terror case under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The six accused named in the proceedings are Lashkar-e-Taiba (LeT) founder Hafiz Saeed, Zaki-ur-Rehman Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha. All six are currently absconding and are believed to be in Pakistan.

The move follows a request from Mumbai Police Commissioner Deven Bharti to special public prosecutor Ujjwal Nikam to initiate proceedings against the accused under Section 356 of the BNSS, which permits courts to conduct trials against proclaimed offenders in their absence, subject to prescribed legal safeguards.

Court Issues Proclamation Against 6 Accused

The special court hearing the 26/11 case has issued a proclamation directing the six accused to appear before it on or before August 18. Special Judge S R Navander issued the proclamation after the prosecution approached the court seeking to proceed against the wanted accused. The proclamation has also been sent to the Ministry of Home Affairs for publication through Interpol.

Nikam said the prosecution had submitted that there was sufficient evidence against the six accused and that their alleged roles had also emerged during the investigation. “Ajmal Kasab had disclosed their role during the probe,” Nikam said, as quoted by The Times of India, referring to the lone surviving Pakistani terrorist captured during the Mumbai attacks. The prosecution has also sought the issuance of proclamations through Interpol against the accused.

Police Seek Expedited Proceedings

Mumbai Police Commissioner Deven Bharti said the 26/11 case was highly sensitive and that the evidence collected against the absconding accused warranted legal proceedings.

According to Bharti, the authorities want to use the provisions of Section 356 of the BNSS to ensure that the prolonged absence of the accused does not indefinitely delay the judicial process. The provision allows courts, under specified conditions, to proceed against an accused who has been declared a proclaimed offender and is deliberately evading the legal process.

How The 6 Accused Are Linked To 26/11

The accused are alleged to have played different roles in planning, coordinating and supervising the November 2008 attacks. Hafiz Saeed has been accused of being among the key figures behind the conspiracy. Lakhvi, Abu Qahafa and Abu Alqama were allegedly present at a control room in Malir, Karachi, during the attacks and are accused of supervising the operation and the training of the attackers.

The control room also reportedly had Sayyed Zabiuddin Ansari alias Abu Jundal, an Indian national accused of training the attackers in Hindi and the local language to help them operate in Mumbai. Cops have alleged that several handlers watched the attacks unfold on television from the Karachi control room and communicated with the attackers during the operation.

Deadly 26/11 Attacks Killed 166 People

The Mumbai terror attacks began on November 26, 2008, and continued for nearly three days, targeting several prominent locations across the city. The attackers struck the Taj Mahal Palace, Trident Hotel, Chhatrapati Shivaji Maharaj Terminus, Nariman House, Cama Hospital, Cafe Leopold and other locations.

A total of 166 people were killed, including citizens of India, the UK, the US and Israel. Security forces killed nine of the 10 Pakistani attackers, while Ajmal Kasab was captured alive. He was subsequently tried, convicted and executed in 2012.

The latest move to initiate proceedings in absentia is aimed at bringing the alleged overseas conspirators and handlers involved in the attack within the ambit of the Indian judicial process despite their continued absence.

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