Bombay High Court Clears Way For Resumption Of 26/11 Trial Against Abu Jundal After 7 Years

Mumbai: The trial in the 26/11 terror attacks case against alleged mastermind Abu Jundal is set to resume after seven years with the Bombay High Court on Monday quashing trial court’s order directing investigating agencies to provide confidential documents to the accused.

HC Allows Petitions Filed By Central Agencies

Justice RN Laddha allowed the petition filed by the Delhi Police, Ministry of Civil Aviation, and the Ministry of External Affairs, which had challenged the trial court’s 2018 order directing them to hand over confidential documents to Jundal.

Confidentiality Upheld; Trial To Restart

“All petitions are allowed and the impugned order is quashed,” Justice Laddha said, effectively paving the way for the trial to restart.

Trial Stayed Since 2018

Since the petition was pending before the HC, the trial against Zabiuddin Ansari alias Abu Jundal had been on hold since 2018. He is alleged to be the handler of the 10 Pakistani terrorists who carried out the Mumbai attacks.

Jundal’s Defence Request Rejected

Jundal, who was deported from Saudi Arabia in 2012, had sought certain travel-related documents from Indian authorities, claiming they were vital to his defence. He sought production of documents to show he was taken into custody in Dammam, Saudi Arabia, before being brought to India.

Delhi Police’s Stand On Arrest Location

The Delhi Police, however, maintained that Jundal was arrested outside the Delhi airport upon entering the country.

2018 Trial Court Order Challenged

In 2018, the trial court had directed authorities to furnish the documents sought by Jundal. The Delhi Police and central ministries challenged this order before the high court.

Solicitor General Argues Order ‘Bad In Law’

Solicitor General Tushar Mehta, appearing for the Centre, sought quashing of the trial court order arguing that it was bad in law.

Defence Challenges Maintainability

Jundal’s lawyer, Wahab Khan, opposed the government’s petitions, arguing that the central authorities were not direct parties to the trial, their petitions were not maintainable, he argued. The high court allowed the petition and quashed the trial court’s order.

Jundal’s Role In 26/11 Attacks

Jundal, a resident of Beed, Maharashtra, is alleged to have played a key role as a handler of the ten Pakistani terrorists who attacked several vital places in the city on the night of November 26,2008. Trial against Jundal is the second phase of the 26/11 proceedings.

Ajmal Kasab Convicted In Phase One

In phase one, lone surviving gunman Ajmal Kasab, who was captured alive by the Mumbai police was convicted by special court in 2010 and executed in jail in November 2012. Two Indian suspects were acquitted by the trial court.

Earlier Conviction In Arms Haul Case

Earlier in 2016, Jundal was convicted by a special trial court in the Aurangabad arms haul case, along with 11 others, and sentenced to life imprisonment.

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