MUMBAI: The process to start the trial in absentia against six Pakistani accused in the 26/11 terror attack on the city, including banned outfit Lashkar-e-Taiba (LeT) handlers Haafiz Saeed and Zaki-ur-Rehman Lakhvi, has been initiated.It will be the first trial in absentia in a terror case since the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, said special public prosecutor Ujjwal Nikam. Section 356 of the BNSS allows the trial of absconding offenders in their absence to prevent delays in justice.
26/11 Mumbai terror attack
The special court conducting the 26/11 trial issued the proclamation against Saeed, Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa, and Major Abdur Rehman Pasha.Police commissioner Deven Bharti sent a letter to Nikam to initiate the trial in absentia for these accused.“The 26/11 trial is very sensitive and we have enough evidence against the absconding terrorists who are accused in one of the most heinous crimes. They must be tried as per the law of the land and we want to utilise Section 356 of BNSS so that terrorists could be brought to justice. Hence, I have written to the special PP [public prosecutor] for an expeditious trial in absentia,” Bharti said.Nikam told TOI they had filed an application in the special court and submitted that these were wanted accused in the 26/11 terror attack cases. “Ajmal Kasab had disclosed their role during the probe. So, it is a request to run a trial in absentia,” he said.Nikam said he has also applied for issuing proclamation in the name of the wanted accused through Interpol. “The court issued a proclamation against the six wanted accused. It has asked these accused to remain present in the court on August 18,” Nikam said.The proclamation was sent to the ministry of home affairs (MHA) to publish it through Interpol.Special judge S R Navander issued the proclamation. The court directed the wanted accused to appear on or before August 18, Tuesday, to answer the complaint.While Saeed is accused of engineering and executing the 26/11 attacks, Lakhvi, Qahafa and Alqama were present in a control room set up in Malir, Karachi, during the attacks. They are also accused of supervising the training of the terrorists. In the control room, they were accompanied by Sayyed Zabihudin alias Abu Jundal, an Indian who is accused of teaching the 10 terrorists Hindi and the local language of the city during a 10-day session.In the November 26-29, 2008, attacks, 166 people were killed at Hotel Taj Mahal Palace and Towers, Hotel Trident, Chhatrapati Shivaji Maharaj Terminus, the Jewish centre Nariman House, in and around Cama hospital, Cafe Leopold, and other places.Among those killed were several citizens of the UK, US and Israel. The police killed nine terrorists and caught one of them, Ajmal Kasab, alive.On the days of the attack, seven persons, including Jundal, Lakhvi, Alqama and Qahafa, are said to have watched the terrorist operation unfold on TV while sitting in their control room, and Jundal even talked to Fahadullah and Abu Akasha, two terrorists who attacked one of the attack sites, from the control room.On November 30, 2008, all the seven persons who were present in the control room in Karachi reached Baitul Mujahideen, Muzaffarabad. There, they came to know that Kasab was arrested instead of Ismail.The crime branch through the Interpol got red corner notices issued against Saeed, a resident of Johar Town, Lahore, Lakhvi, a resident of Markaz LeT, Bait-ul-Mujahideen Camp, Muzaffarabad (PoK), Mir alias Vasi alias Khalid alias Vasibhai, a resident of Lahore, Pakisitani Punjab, and Major Pasha, a resident of Pakistan, and a blue corner notice was issued against Qahafa and Alqama alias Amjad, residents of Bait-ul-Mujahideen, Muzaffarabad (PoK).
