Proclamation to be served on key 26/11 accused via Interpol
MUMBAI, Aug. 22 -- The Mumbai Police have approached the Ministry of Home Affairs (MHA) to serve the proclamation order via Interpol against six absconding accused in the 26/11 terror attack case, including Lashkar-e-Taiba (LeT) founders Hafiz Saeed and Zaki-ur-Rehman Lakhvi, setting the stage for their trial in absentia.
Special 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 year, on the six alleged main conspirators.
"We have written to the MHA for taking necessary steps in serving the proclamation order, through Interpol, against the accused residing in Pakistan," Nikam told the court.
The MHA had acknowledged receipt of the proclamation order on August 3, and sought time for submitting a further status report, Nikam said.
The six wanted accused are LeT chief Saeed, co-founder Lakhvi, operations commander Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha. Their roles have figured in the evidence 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 remain outside the reach of the Indian justice system.
Mumbai police have sought to prosecute the six under section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which provides for trial in absentia of proclaimed offenders who have absconded to evade trial and whose arrest is not immediately possible. Under the provision, the court is required to record reasons for proceeding against proclaimed offenders in absentia. The law provides safeguards for the accused in such trials, including appointment of a lawyer at state expense if they do not have legal representation.
The special court has now scheduled the matter for further hearing on September 14, when the prosecution is expected to submit a status report on serving of the proclamation order on the wanted accused....
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