MUMBAI: 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.
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 prosecution can thereafter lead its evidence despite the accused remaining absent.
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.
“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. 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.
The provision also requires the court to comply with specified safeguards before a trial in absentia can begin, including expiry of the prescribed period following proclamation and 90 days from the date of framing of charges. 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. Because section 356 requires the court to be satisfied that the accused have absconded to evade trial and that there is no immediate prospect of arrest, the proclamation and service process is particularly relevant.
