26/11 Case: Mumbai Police Turns To Interpol To Serve Order On Hafiz Saeed, Five Others

Mumbai Police has approached the Ministry of Home Affairs (MHA) for Interpol’s assistance in serving a court proclamation order on six Pakistani nationals accused in the 26/11 Mumbai terror attacks, including Lashkar-e-Taiba handlers Hafiz Saeed and Zaki-Ur-Rehman Lakhvi.

The proclamation, issued by a special court last month, directs the six absconding accused to remain present before it. Since they are currently in Pakistan, the police have sought the MHA’s assistance in having the order issued through Interpol. If the accused fail to appear within 90 days of the proclamation being served, the court can initiate an in absentia trial under the Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023.

The Mumbai Police submitted an interim report before the special court on Friday detailing the steps taken to execute the proclamation order. Special public prosecutor Ujjwal Nikam told the court that the order had been sent to the home ministry for appropriate action.

“Admittedly, the absconding accused reside in Pakistan. We have requested the MHA to issue the proclamation through Interpol. An acknowledgment letter was given to us to that effect on August 3. We are submitting an interim report,” Nikam has told the court.

The police have sought time until September 17 to make submissions on the further process. According to The Indian Express, once the proclamation is served, the six accused will have 90 days to appear before the court. If they fail to do so, proceedings can be initiated in absentia in accordance with the court’s order.

The six accused are Hafiz Saeed, Zaki-Ur-Rehman Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha. Nikam had sought a fresh proclamation against them last month, invoking provisions of the BNSS.

Section 356 of the BNSS provides for an in absentia trial against an absconding offender. The law, which replaced the Criminal Procedure Code, allows proceedings to be conducted against an accused who remains absconding.

The Indian Express reported that a police officer said investigators have enough evidence against the six accused. The officer referred to information obtained from Pakistani gunman Ajmal Kasab and David Headley, who turned approver, about the roles of the accused during interrogation.

“Pakistani gunman Ajmal Kasab and accused turned approver David Headley had revealed the roles of the accused during interrogation,” an official said.

The 26/11 attacks took place in Mumbai between November 26 and 29, 2008, and left 166 people dead. With the six accused residing in Pakistan, Mumbai Police has begun the process of serving the proclamation through the MHA and Interpol and, if they do not appear within the stipulated period, initiating an in absentia trial under the BNSS.