NEW DELHI: The Mumbai Police have asked the Union home ministry to use Interpol to serve court proclamation orders on six Pakistani nationals wanted in connection with the 26/11 Mumbai terror attacks.The move is part of the process to bring the six accused to trial in absentia, meaning they could be tried by an Indian court even if they remain outside the country and cannot be arrested.The six include Lashkar-e-Taiba founders Hafiz Saeed and Zaki-ur-Rehman Lakhvi, along with Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha.Special public prosecutor Ujjwal Nikam told the special court hearing terror cases that the Mumbai Police had submitted an interim report on Friday regarding the proclamation orders issued against the accused in July.“We have written to the Ministry of Home Affairs (MHA) for taking necessary steps in serving the proclamation order, through Interpol, against the accused residing in Pakistan,” Nikam told the special court hearing terror cases.The home ministry has acknowledged the request and is examining the next steps.“On August 3, the MHA had acknowledged our request, and sought time for filing a status of the same,” he said.
What trial in absentia means
The proceedings are based on Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The provision allows a court to conduct a full criminal trial in the absence of an accused who has been declared a proclaimed offender, has deliberately remained away to avoid facing trial and is unlikely to be arrested in the immediate future.The court dealing with the 26/11 case issued proclamation orders in July against the six accused, all of whom are Pakistani nationals and remain absconding.The orders are an important step towards potentially beginning their trials without their physical presence in India.
Evidence links accused to 26/11
The alleged involvement of the six men in the Mumbai attacks has been referred to by Ajmal Kasab, the only attacker captured alive during the assault, as well as David Headley, who later became an approver in the case.
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The 26/11 attacks began in Mumbai in November 2008 when 10 Pakistani terrorists launched a coordinated assault on several locations across the city.The attacks lasted for more than 60 hours and targeted iconic and strategically important places in Mumbai. A total of 166 people were killed, including six US nationals.Kasab was convicted of murder and waging war against India. He was sentenced to death and hanged at Yerwada Central Jail in Pune on November 21, 2012.The latest move by the Mumbai Police seeks to advance the legal proceedings against the six accused who have remained beyond the reach of Indian investigators since the attacks.
