India has initiated legal proceedings to try six Pakistan-based accused in the 26/11 Mumbai terror attacks case in absentia, including Lashkar-e-Taiba (LeT) founder Hafiz Saeed and senior commander Zaki-ur-Rehman Lakhvi.
The proceedings relate to allegations of conspiracy, planning and involvement in the deadly attacks that struck Mumbai between November 26 and 29, 2008. The coordinated attacks targeted several prominent locations, including the Taj Mahal Palace Hotel, Oberoi-Trident, Chhatrapati Shivaji Maharaj Terminus and Nariman House. The assault claimed 166 lives and left hundreds of people injured.
The other accused named in the proceedings include Sajid Mir, Mazhar Iqbal alias Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha. All six accused are based outside India, preventing their physical appearance before an Indian court.
Mumbai Police are pursuing the proceedings under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which provides a legal mechanism for conducting trials against proclaimed offenders who remain absent from the country despite legal procedures requiring them to appear.
The latest move is significant for the long-running 26/11 case because several alleged planners and handlers have remained outside India’s jurisdiction for years. Indian authorities have repeatedly sought action against individuals accused of facilitating and coordinating the attacks.
The case follows the prosecution of Ajmal Amir Kasab, the only attacker captured alive during the 2008 assault. Kasab was tried by an Indian court, convicted and executed in 2012.
The trial in absentia does not mean that the accused have been convicted. The court will examine the evidence and follow the required legal procedures before reaching any conclusion. The proceedings are intended to ensure that the absence of the accused does not indefinitely prevent the judicial process from moving forward.
India’s latest action also reflects its continuing efforts to pursue those accused in the Mumbai attacks and hold them legally accountable. The proceedings could become an important test of the BNSS provisions for cases involving accused persons who remain outside the country’s jurisdiction.