2 weeks ago
Prosecution Seeks In-Absentia Trial for Wanted 26/11 Accused
The prosecution wants the court to continue the 26/11 terror case against people who are not in India.
One of the named wanted accused is Hafiz Saeed.
The request uses a rule in India’s new criminal procedure law.
This rule can allow a trial when someone has been officially declared a proclaimed offender.
The accused would still be given a lawyer to represent them.
That lawyer could question witnesses in court.
The prosecution says it will examine important witnesses again.
The court will decide whether the trial can proceed this way.
Mumbai police seeks to prosecute wanted 26/11 accused, including Hafiz Saeed, without their physical presence.
The request relies on Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The provision permits trials against accused officially declared proclaimed offenders who do not appear in court.
The prosecution plans to submit a report on proclamation notices at the next hearing.
If approved, a court-appointed lawyer could represent the absent accused and cross-examine witnesses.
- Who
- Mumbai police and Special Public Prosecutor Ujwal Nikam are seeking action against wanted 26/11 accused, including Hafiz Saeed.
- What
- The prosecution seeks to conduct a trial in the accused persons’ absence under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Where
- The case is being pursued in Mumbai, India.
- When
- The report is dated August 18, 2026; proclamation notices were sought in June, with a report planned for the next hearing.
- Why
- The prosecution says efforts to extradite the wanted accused have not produced a positive result.
Prosecution’s Position
Absent Accused’s Procedural Position
Proceeding without extradition
Prosecution’s Position
The prosecution says the trial should move forward if the wanted accused do not appear, because extradition efforts have not yielded a positive result.
Absent Accused’s Procedural Position
The accused have not been extradited or brought before the court, so their physical absence remains a central procedural issue.
Legal representation
Prosecution’s Position
If the court approves an in-absentia trial, a court-appointed lawyer could represent the accused and cross-examine witnesses.
Absent Accused’s Procedural Position
The accused would be represented through counsel rather than personally appearing during the proceedings.
Key facts
- Case
- 26/11 Mumbai terror attack case
- Legal provision
- Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Proposed procedure
- Trial in the absence of accused declared proclaimed offenders
- Named accused
- Hafiz Saeed, also spelled Hafeez Saeed in the article
- Prosecutor
- Special Public Prosecutor Ujwal Nikam
- Attack toll
- 166 people were killed, including 18 security personnel
- Next step
- The prosecution plans to submit its report on the proclamation notices at the next hearing
Quotes
Ujwal Nikam
Special Public Prosecutor for the Mumbai case
“After considering our report, if the court considers that the wanted accused would not present themselves before the court, the court may pass an order to conduct the trial against these wanted accused in their absence.”
freepressjournal.in
Sources
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