The Mumbai Police has sought Interpol’s help via the Ministry of Home Affairs (MHA) in serving a proclamation order against six Pakistani nationals, including Lashkar-e-Taiba handlers Hafiz Saeed and Zaki-Ur-Rehman Lakhvi, for an in absentia trial in the 26/11 Mumbai terror attacks case.

On Friday, the police submitted an interim report before a special court in connection with a proclamation order which was issued by the court last month, directing the six accused to remain present.

Special public prosecutor Ujjwal Nikam told the court that the order has been sent to the home ministry to take appropriate steps since Hafiz Saeed and others currently live in Pakistan.

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“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.

‘They have 90 days’

The police also sought time till September 17 for submissions on further process. Once the proclamation is served, the accused will have 90 days to appear before the court, and if they fail to do so, the trial can be initiated in absentia as per court orders, Nikam said.

Last month, Nikam had sought a fresh proclamation against six absconding Pakistani accused, including Lashkar-e-Taiba handlers Hafiz Saeed and Zaki-Ur-Rehman Lakhvi and others including Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha.

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

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An officer had 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 and accused turned approver David Headley 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.