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The Maharashtra Government on Friday (August 21) urged a Court in Mumbai to prosecute in asbentia (in their absence) the six absconding Pakistani nationals including the handlers of banned outfit 'Lashkar-e-Taiba' - Hafiz Saeed and Zaki-Ur-Rehman Lakhvi, the main masterminds behind the deadly 26/11 terrorist attacks in the city.

Sessions Judge Satyanarayan Navandar has granted time till September 17 to the State to serve formal legal notices about the prosecution to the six accused - Saeed, Lakhvi, Sajid Mir, Abu Alqama, Asim aka Abu Qahafa and Major Abdur Rehman Pasha, in Pakistan, through Interpol. 

Confirming the development, Rajya Sabha MP and Special Public Prosecutor Ujjwal Nikam told Live Law that a formal report was submitted on Friday evening to the court, informing it that public proclamation orders have already been affixed at various public placed in Mumbai including High Court and Sessions Court. 

"We have affixed the public proclamation orders in several public places across Mumbai including High Court and Sessions Court... Further, we have also written to the Union Ministry of Home Affairs to serve the proclamation order through Interpol. We are yet to hear from the Ministry on this but once they respond, the proclamation order will be served through Interpol... Court has granted us time till September 17," Nikam said. 

Nikam further explained that once the proclamation order is served through Interpol, the court would wait further for 90 days and then ask the prosecution to file a fresh plea for officially proceeding with the trial in absentia. If the absconders do not respond to the Interpol notice, legal aid lawyers would be appointed to represent them and accordingly the trial will commence. 

According to the plea under section 356 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), submitted before the court, Nikam said, the State has primarily relied on the evidence that comes from the testimony of terrorist Ajmal Kasab and US-based approver David Coleman Headley. Notably, both Kasab and Headley had given detailed roles of Saeed and the five other fugitives, who are presently living in Pakistan. 

The matter will now be heard again on September 17.

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