2 weeks ago
Trial in Absentia Begins Against Six 26/11 Accused Under BNSS
In 2008, bad people attacked the city of Mumbai in India with guns.
They targeted hotels, a train station, a hospital and restaurants where ordinary people were.
166 people lost their lives and 300 were hurt.
One of the attackers was caught, and he told the police about other people who helped plan the attack.
Those helpers are not in India, and police believe they are hiding in Pakistan.
Now a court in Mumbai has started a special kind of trial called a trial 'in absentia,' which means the case can go ahead even though the accused are not in the courtroom.
This is the first time India has done this in a terror case under its new law called the BNSS.
The judge has asked the six men to appear in court by August 18, but they have not shown up.
The court wants to make sure the case moves forward so justice can be done even if the accused stay away.
If they are found guilty, they will be punished whenever they come to India.
Mumbai Police have initiated the legal process for an 'in absentia' trial against six absconding Pakistani nationals accused in the 26/11 Mumbai terror attacks, the first such proceeding in a terror case under the BNSS, 2023.
The six accused are LeT founder Hafiz Saeed, Zaki-ur-Rehman Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha, all currently believed to be in Pakistan.
Special Judge S R Navander issued a proclamation directing the six to appear before the court on or before August 18, with copies sent to the Ministry of Home Affairs for publication through Interpol.
The request came from Mumbai Police Commissioner Deven Bharti to special public prosecutor Ujjwal Nikam under Section 356 of the BNSS, citing evidence including disclosures by captured attacker Ajmal Kasab.
The November 2008 attacks killed 166 people and injured 300, targeting the Taj Mahal Palace, Trident Hotel, Chhatrapati Shivaji Maharaj Terminus, Nariman House, Cama Hospital and Cafe Leopold.
- Who
- Six absconding Pakistani nationals — LeT founder Hafiz Saeed, Zaki-ur-Rehman Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha; proceedings sought by Mumbai Police Commissioner Deven Bharti and special public prosecutor Ujjwal Nikam, with Special Judge S R Navander issuing the proclamation.
- What
- The first trial-in-absentia proceedings in a terror case under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, against the six accused in the 26/11 Mumbai terror attacks under Section 356 of the BNSS.
- Where
- Mumbai, India, where the attacks and the court proceedings took place; some accused allegedly supervised the attacks from a control room in Malir, Karachi, Pakistan.
- When
- 2026, 18 years after the attacks; the proclamation requires the accused to appear on or before August 18. The attacks began on November 26, 2008.
- Why
- To bring the absconding alleged conspirators within the Indian judicial process and ensure their prolonged absence does not indefinitely delay the trial.
Key facts
- Case
- 26/11 Mumbai terror attacks trial in absentia
- Legal provision
- Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Accused
- Hafiz Saeed, Zaki-ur-Rehman Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa, Major Abdur Rehman Pasha
- Presiding judge
- Special Judge S R Navander
- Appearance deadline
- On or before August 18
- Fatalities and injuries
- 166 people killed and 300 injured, including citizens of India, the UK, the US and Israel
- Attack period
- Began November 26, 2008; articles differ on duration (nearly three days versus four days)
- Attack locations
- Taj Mahal Palace, Trident Hotel, Chhatrapati Shivaji Maharaj Terminus, Nariman House, Cama Hospital, Cafe Leopold
- Kasab outcome
- Captured alive, subsequently tried, convicted and executed in 2012
Quotes
Special Public Prosecutor Ujjwal Nikam
Chief prosecutor of Mumbai Police
“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.”
indianexpress.com
“"The trial proceedings will move forward against the key absconding accused: Hafiz Muhammad Saeed"”
NDTV
Police officials (implied)
Mumbai police officers leading the legal action
“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.”
indianexpress.com
Sources
26/11 Mumbai Terror Attack Case: In A First Under BNSS, Trial In Absentia Process Begins Against 6 Pakistani Accused, Including Hafiz Saeed, Lakhvi
Mumbai Police Initiate In Absentia Trial Against Hafiz Saeed, 5 Others For 26/11 Attacks
18 years after 26/11, Hafiz Saeed to face in absentia trial: What it means
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