26/11 Mumbai terror attacks: State seeks trial against six Pakistani masterminds in absentia

The Maharashtra government on Friday urged a Mumbai court to prosecute six Pakistani masterminds behind the 2008 Mumbai terror attacks in absentia (in their absence).

Additional sessions judge Satyanarayan Ramjivan Navandar adjourned the proceedings to September 17 after allowing authorities time to serve formal legal notices to the six Pakistani absconders through Interpol.

Special Public Prosecutor Ujjwal Nikam submitted an interim report to the judge confirming that public proclamation orders have already been affixed at multiple prominent locations.

He pointed out that the Union Ministry of Home Affairs (MHA) acknowledged the State government's request on August 3 to execute the service of the order through Interpol.

“We have informed the Ministry of Home Affairs for taking necessary steps because, admittedly, the six terrorists are residing in Pakistan. We have requested the Ministry of Home Affairs to serve the proclamation order through Interpol. We have not yet received the report. On August 3, they acknowledged our letter informing them to serve the said proclamation order through Interpol. Today we are in the position to contact them and then let you know tomorrow morning,” Nikam said. 

He sought time to complete the international notification process and apprise the bench of further developments.

The Court will hear the application on September 17.

The ongoing proceedings stem from a petition filed by the Maharashtra government seeking permission to try the six key fugitives in absentia. 

The State's application relies on Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The provision empowers a court to proceed with trial against proclaimed absconders to prevent undue delays in the administration of justice. 

Nikam claimed that this application could be one of the first to invoke the BNSS trial-in-absentia mechanism in a major terrorism case.

The application has outlined the direct operational roles played by the six absconders during the 2008 attacks that left 166 dead. 

Nikam submitted that the application draws heavily from evidence corroborated by the confession of executed gunman Ajmal Kasab and testimony from Pakistani-American approver David Coleman Headley.

Under statutory procedures, once the notices are formally served upon the absconders via Interpol, the Court will institute a mandatory 90-day waiting period for them to respond. 

Should the absconders choose to remain absent, the Court will allow the prosecution to file a fresh pleading to officially initiate the trial in absentia. 

To ensure legal fairness, court-appointed legal aid lawyers will represent the missing accused, while all subsequent phases of the proceedings will follow standard trial protocols.