The process to conduct an ‘in absentia’ trial against six absconding Pakistani accused, including Lashkar-e-Taiba handlers Hafiz Saeed and Zaki-Ur-Rehman Lakhvi, in connection with the 26/11 Mumbai terror attacks trial has been started by the Mumbai Police. The police sent a letter to special public prosecutor Ujjwal Nikam to that effect.

Special Public Prosecutor Ujjwal Nikam said, “A proclamation against the six absconding accused was issued by the trial court. On Friday, once a report is issued on the proclamation, we will initiate the process to proceed with the trial against them in absentia.”

The proclamation has been issued against Hafiz Saeed, Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha.

What does this mean?

An ‘in absentia’ trial means that an accused person can be tried and convicted in his/her absence. And if found guilty in the trial, the accused will face punishment if they are ever brought to India.

Read here: Even if the accused is not present, trial can still proceed as per BNSS

For the 26/11 trial, the proclamation was issued against terror attack mastermind Abu Jundal, who is facing trial in the Mumbai terror attacks case. Ajmal Kasab, another convict in the case, was subsequently hanged to death in 2012.

Abu Jundal aka Sayed Zabiuddin Ansari is currently lodged in the high-security Arthur Road Jail in Mumbai, Maharashtra.

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The Bharatiya Nyaya Suraksha Sanhita (BNSS) 2023, which replaced the Criminal Procedure Code, has the provision of ‘in absentia’ trial under Section 356, allowing trial to take place against absconding offenders to avoid delays.

An officer said that they have enough evidence against the six accused. Since the BNSS has the provision of conducting an ‘in absentia’ trial, they have decided to initiate the process for the 26/11 terror attacks.

“Pakistani gunman Ajmal Kasab had revealed the roles of the accused during interrogation,” an official said. A total of 166 persons had died during the terror attacks that went on from November 26 to 29 in Mumbai in 2008.