Mumbai Police Move to Serve 26/11 Proclamation on Hafiz Saeed via Interpol
The Mumbai Police have approached the Ministry of Home Affairs to serve a proclamation order via Interpol against six absconding accused in the 26/11 terror attack case, including Lashkar-e-Taiba founders Hafiz Saeed and Zaki-ur-Rehman Lakhvi. The move paves the way to prosecute the accused in absentia under section 356 of the Bharatiya Nagarik Suraksha Sanhita.
Special public prosecutor Ujjwal Nikam, appearing for the police, submitted an interim report to a special court detailing the steps taken to serve the proclamation order issued in July against the six alleged main conspirators. Nikam informed the court that the police have written to the central ministry to execute the order through Interpol, as the accused reside in Pakistan. The ministry acknowledged receipt of the order on August 3 and sought time to provide a status report.
Alongside Saeed and Lakhvi, the wanted accused named in the proceedings are LeT operations commander Sajid Mir, Abu Alqama, Asim alias Abu Qahafa, and Major Abdur Rehman Pasha. All six are Pakistani nationals. Their alleged involvement was detailed in evidence provided by Ajmal Kasab, the lone attacker captured alive, and David Coleman Headley, a US terror accused who turned approver.
Section 356 of the BNSS permits the trial in absentia of proclaimed offenders who have absconded to evade trial when their arrest is not immediately possible. Under this provision, the court must record reasons for proceeding in absentia and comply with specific safeguards. These include the expiry of a prescribed period following proclamation, the passage of 90 days from the framing of charges, and the appointment of state-funded legal representation if the accused lack counsel. The prosecution may then present evidence despite the absence of the accused.
The 26/11 Mumbai terror attacks left 166 people dead, including six Americans, during a siege lasting more than 60 hours. Attackers struck multiple key sites across the city, including Chhatrapati Shivaji Maharaj Terminus, the Taj Mahal Palace hotel, the Trident hotel, and Nariman House. Kasab was convicted for his role and executed at Yerwada Central Jail in Pune on November 21, 2012.
The special court has scheduled the next hearing for September 14, when the prosecution is due to submit an updated status report on the service of the proclamation order.
