The Mumbai Police have approached the Ministry of Dwelling Affairs (MHA) to serve the proclamation order through Interpol towards six absconding accused within the 26/11 terror assault case, together with Lashkar-e-Taiba (LeT) founders Hafiz Saeed and Zaki-ur-Rehman Lakhvi, setting the stage for his or her trial in absentia.
Particular public prosecutor Ujjwal Nikam, representing the police, submitted on Friday an interim report detailing the steps taken to serve the proclamation order, issued in July this yr, on the six alleged most important conspirators.
“We’ve written to the MHA for taking vital steps in serving the proclamation order, via Interpol, towards the accused residing in Pakistan,” Nikam informed the court docket.
The MHA had acknowledged receipt of the proclamation order on August 3, and sought time for submitting an extra standing report, Nikam mentioned.
The six needed accused are LeT co-founders Saeed and Lakhvi, LeT operations commander Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Main Abdur Rehman Pasha. Their roles have figured within the proof of Ajmal Kasab, the lone Pakistani attacker to be captured alive, and US terror accused-turned-approver David Coleman Headley aka Dawood Gilani. All six are Pakistani nationals and stay exterior the attain of the Indian justice system.
Mumbai police have sought to prosecute the six underneath part 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which offers for trial in absentia of proclaimed offenders who’ve absconded to evade trial and whose arrest will not be instantly attainable.
Underneath the supply, the court docket is required to report causes for continuing towards proclaimed offenders in absentia. The regulation offers safeguards for the accused in such trials, together with appointment of a lawyer at state expense if they don’t have authorized illustration. The prosecution can thereafter lead its proof regardless of the accused remaining absent.
The proclamation and repair course of is especially related as a result of part 356 requires the court docket to be glad that the accused have absconded to evade trial and that there isn’t a rapid prospect of arrest. The availability additionally requires the court docket to adjust to specified safeguards earlier than a trial in absentia can start, together with expiry of the prescribed interval following proclamation and 90 days from the date of framing of prices.
The 26/11 attack claimed 166 lives, together with of six Individuals, and left Mumbai underneath siege for greater than 60 hours, with attackers focusing on Chhatrapati Shivaji Maharaj Terminus, Taj Mahal Palace resort, Trident resort and Nariman Home. Kasab was convicted for the assaults and hanged at Yerwada Central Jail in Pune on November 21, 2012.
The particular court docket has now scheduled the matter for additional listening to on September 14, when the prosecution is predicted to submit a standing report on serving of the proclamation order on the needed accused.
