Mumbai Police Seek In Absentia Trial Of Six Pakistani 26/11 Accused

The Mumbai Police have begun the process to conduct a trial in absentia against six Pakistani accused in the 26/11 Mumbai terror attacks case, including Lashkar-e-Taiba (LeT) handlers Hafiz Saeed and Zaki-ur-Rehman Lakhvi.

According to Times of India, Mumbai Police Commissioner Deven Bharti has written to special public prosecutor Ujjwal Nikam seeking initiation of the proceedings against the six accused, who remain outside the reach of Indian investigators.

The move would use Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides for the inquiry, trial or judgment in absentia of a proclaimed offender. India Code identifies Section 356 specifically as the provision covering trial or judgment in absentia of proclaimed offender.

Six Pakistani Accused

The six named in the Mumbai case are Hafiz Saeed, Zaki-ur-Rehman Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha,.

The special court handling the 26/11 case has already issued a proclamation against the six and directed them to appear before the court by August 18.

Bharti said the police had "enough evidence" against the accused and wanted to use Section 356 "so that terrorists could be brought to justice".

Ajmal Kasab, the lone surviving gunman captured during the 2008 attacks, had disclosed the accused's roles during the investigation.

What Section 356 Allows

Section 356 applies when an accused has been declared a proclaimed offender, has absconded to evade trial and there is no immediate prospect of arrest. The court can then proceed with the trial after recording reasons in writing.

However, the provision requires several procedural steps before a trial can begin. These include two consecutive arrest warrants at intervals of at least 30 days, publication of a notice in a newspaper giving the proclaimed offender an opportunity to appear, informing a relative or friend, and displaying information at the person's last known residence.

The law also says a trial cannot commence until 90 days have passed from the framing of charges. If the accused does not have a lawyer, the state must provide one for the defence.

26/11 Case

The 26/11 Mumbai attacks killed 166 people and targeted the Taj Mahal Palace and Towers, Trident Hotel, Chhatrapati Shivaji Maharaj Terminus, Nariman House, Cama Hospital and other locations.

Nine attackers were killed by Indian security forces and Kasab was captured alive. The Bombay High Court judgment in the case records extensive evidence concerning the attack and Kasab's role.

The move comes as India uses the new criminal procedure law to pursue proceedings against accused who remain beyond the reach of Indian courts.