26/11 case: Trial in absentia process begins against six Pakistani accused

Mumbai: The legal process to conduct a trial in absentia against six Pakistani nationals accused in the 26/11 Mumbai attacks has begun, making it the first such proceeding in a terror case under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The six accused 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 absconding and are believed to be in Pakistan.

The move followed a request from Mumbai Police Commissioner Deven Bharti to special public prosecutor Ujjwal Nikam to initiate proceedings under Section 356 of the BNSS. The provision allows courts, subject to specific legal safeguards, to conduct proceedings against proclaimed offenders who evade the judicial process.

The special court hearing the 26/11 case issued a proclamation directing the six accused to appear before it by August 18. Special Judge S R Navander issued the order after the prosecution sought permission to proceed against the wanted accused. The proclamation was also forwarded to the Ministry of Home Affairs for publication through Interpol.

Nikam said the prosecution had placed sufficient evidence before the court regarding the accused and their alleged roles in the attacks. He also referred to statements made by Ajmal Kasab, the only attacker captured alive during the 2008 attacks, regarding their involvement.

Bharti said the 26/11 case was highly sensitive and that the evidence gathered against the absconding accused warranted further legal action. He said authorities were seeking to invoke Section 356 to prevent the continued absence of the accused from indefinitely delaying the judicial process.

The six accused have been linked to different aspects of the planning, coordination and supervision of the attacks. Hafiz Saeed has been accused of being a key figure in the conspiracy, while Lakhvi, Abu Qahafa and Abu Alqama were allegedly involved in supervising the operation from a control room in Karachi.

The November 2008 attacks continued for nearly three days and targeted several locations in Mumbai, including the Taj Mahal Palace, Trident Hotel, Chhatrapati Shivaji Maharaj Terminus, Nariman House, Cama Hospital and Cafe Leopold.

The attacks left 166 people dead. Security forces killed nine of the 10 Pakistani attackers, while Ajmal Kasab was captured, subsequently convicted and executed in 2012.

The proceedings in absentia seek to advance the judicial process against the alleged overseas conspirators and handlers despite their continued absence from India.