Mumbai: Calling the move a “fishing and roving inquiry,” the Bombay High Court has quashed a 2018 special court order that directed government authorities to produce confidential documents sought by Zabiuddin Ansari alias Abu Jundal, accused of training the 26/11 Mumbai terrorists in Hindi and local mannerisms.
Petitions by Delhi Police and Union Ministries Allowed
Justice RN Laddha, in a 36-page judgment, allowed petitions filed by the Delhi Police, the Ministry of Civil Aviation, and the Ministry of External Affairs challenging the trial court’s order.
The HC said the special court “ought not to have invested time in passing an absolutely unsustainable order which is nothing but a fishing and roving inquiry at the behest of the accused.”
Trial to Resume After Six-Year Stay
The detailed order was made available on Tuesday. With this ruling, the trial against Ansari — which had remained stayed since 2018 — will now resume.
Documents Sought Pertained to Arrest and Transfer
The documents sought by Ansari pertained to procedural aspects surrounding his arrest and transfer to India. His plea included requests for the passports of Delhi Police officers who travelled to Saudi Arabia, the passenger manifest of a Jet Airways flight from Dammam to Delhi, the emergency travel document issued by the Ministry of External Affairs, and relevant immigration records.
Centre Argues Documents Irrelevant to Case
Solicitor General of India Tushar Mehta, representing the petitioners, argued that the documents were “unrelated to the substantive charges” and were neither “necessary” nor “desirable” for a just determination of the trial. Their production, he said, would “derail the proceedings” by introducing extraneous contentions.
HC: Trial Court Misapplied CrPC Provision
The HC agreed, holding that the trial court “completely misdirected itself” by invoking a section of the Criminal Procedure Code (CrPC) to compel the production of such materials.
The court clarified that this CrPC provision “neither confers upon the accused nor empowers the court to initiate a speculative or exploratory inquiry into the place of arrest,” especially when the issue bears “no rational nexus to the adjudication of guilt”.
Claims of Illegal Detention Rejected
Ansari had claimed that he was unlawfully detained by the Delhi Police’s special cell in Saudi Arabia in June 2012 and then brought to India. The Delhi Police, however, maintained that he was arrested outside Delhi Airport, where he was found loitering.
Court: Place of Arrest No Longer Relevant
The court observed that “the place of arrest loses significant relevance once the accused is in lawful judicial custody and has the full opportunity to defend himself”, particularly when the claim is raised belatedly during trial. It noted that Ansari had not raised any objection regarding his arrest before the Delhi magistrate when first produced for remand, nor did he challenge the legality of his custody when it was later transferred to the Mumbai Police.
HC Terms Plea Tactical and Belated
“The request for documents appears to be a belated and tactical manoeuvre lacking any substantive justification,” the court said. It added that Ansari’s assertions about wrongful confinement pertain exclusively to another case investigated by the Delhi Police concerning alleged terror conspiracies involving Jaish-e-Mohammad and Lashkar-e-Taiba — and have “nothing to do with the present trial”.
Court Stresses on Speedy Trial in Serious Cases
Emphasising the need for expediency in serious cases, Justice Laddha said, “A timely trial is essential to ensure justice and accountability.”
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Accused Trained 26/11 Terrorists
Ansari is accused of having actively conspired in the 26/11 terror attacks and of training the 10 Pakistani terrorists who carried out the assault that claimed 166 lives. “The accused is alleged to have actively conspired in the commission of an offence of a grave nature that has profoundly impacted the sovereignty and integrity of the nation,” the court said.
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