Mumbai Court Begins Process for 26/11 Trial in Absentia Against Hafiz Saeed, 5 Others
A special court in Mumbai has initiated legal proceedings to conduct a trial in absentia against six Pakistani nationals accused in the 26/11 Mumbai terror attacks. This marks 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 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 residing in Pakistan.
Special Judge S R Navander issued a proclamation directing the six accused to appear before the special court on or before August 18. The proclamation was issued after the prosecution moved the court to proceed against the wanted accused. The order has also been forwarded to the Ministry of Home Affairs for publication through Interpol.
The development follows a request from Mumbai Police Commissioner Deven Bharti to special public prosecutor Ujjwal Nikam to begin proceedings under Section 356 of the BNSS. The provision allows courts to conduct trials against proclaimed offenders in their absence, subject to specific legal safeguards, preventing indefinite delays in the judicial process.
Special public prosecutor Ujjwal Nikam stated that the prosecution submitted sufficient evidence establishing the alleged roles of the six accused, noting that captured terrorist Ajmal Kasab had disclosed their involvement during the investigation. The prosecution has also requested the issuance of proclamations through Interpol.
According to investigators, the accused were involved in planning, coordinating, and supervising the November 2008 attacks. Hafiz Saeed is accused of being a key figure behind the conspiracy, while Lakhvi, Abu Qahafa, and Abu Alqama allegedly supervised the operation and training from a control room in Malir, Karachi, alongside Indian national Sayyed Zabiuddin Ansari alias Abu Jundal.
The 26/11 attacks, which began on November 26, 2008, targeted key locations across Mumbai, including the Taj Mahal Palace, Trident Hotel, Chhatrapati Shivaji Maharaj Terminus, Nariman House, Cama Hospital, and Cafe Leopold. The three-day assault resulted in the deaths of 166 people.
