India Begins In-Absentia Proceedings Against Key 26/11 Mumbai Attack Accused

India has taken a significant legal step in the long-running 26/11 Mumbai terror attacks case by initiating proceedings to try six Pakistan-based accused in absentia. The accused include Lashkar-e-Taiba (LeT) founder Hafiz Saeed and senior commander Zaki-ur-Rehman Lakhvi, who have remained outside India’s jurisdiction.

The proceedings are being pursued under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which provides a legal framework for conducting trials against proclaimed offenders who remain absent from the country. Mumbai Police have approached the special court to advance the case despite the accused not being physically present in India.

The six accused named in the proceedings are Hafiz Saeed, Zaki-ur-Rehman Lakhvi, Sajid Mir, Mazhar Iqbal alias Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha. Indian authorities have accused them of various roles in the planning, coordination and execution of the 2008 Mumbai attacks.

The 26/11 attacks took place between November 26 and 29, 2008, after 10 Pakistan-based attackers reached Mumbai by sea. They targeted several locations, including the Taj Mahal Palace, Oberoi-Trident, Chhatrapati Shivaji Maharaj Terminus, Nariman House and Café Leopold. The attacks killed 166 people and injured hundreds. Nine attackers were killed by security forces, while Ajmal Amir Kasab was captured, tried and later executed in 2012.

Under the BNSS framework, a trial in absentia can proceed only after prescribed legal safeguards are fulfilled. These include procedures involving arrest warrants and proclamations declaring an accused a proclaimed offender. The court can also appoint legal representation for an accused who does not have a lawyer.

The latest development is important because previous efforts to bring several Pakistan-based suspects before an Indian court have not resulted in their physical appearance. The new legal mechanism allows the judicial process to move forward even when accused persons remain beyond India’s immediate jurisdiction.

However, the initiation of proceedings does not mean that Hafiz Saeed, Zaki-ur-Rehman Lakhvi or the other accused have been convicted. Their alleged roles will have to be examined through the judicial process and evidence presented before the court.

The move represents a new phase in India’s efforts to pursue accountability for the 26/11 attacks and could establish an important precedent for dealing with major terrorism cases where accused persons remain outside the country’s jurisdiction.