Nearly 18 years after the 26/11 Mumbai terror attacks, Indian authorities have initiated the 26/11 in absentia trial process against six Pakistan-based accused linked to the conspiracy. Mumbai Police has moved to invoke the new legal mechanism under the Bharatiya Nagarik Suraksha Sanhita, while the court must still determine whether all statutory requirements have been fulfilled.
The accused are Lashkar-e-Taiba founder Hafiz Saeed, Zaki-ur-Rehman Lakhvi, Sajid Mir, Abu Alqama, Asim alias Abu Qahafa and Major Abdur Rehman Pasha. All six have remained outside the reach of Indian courts.
BNSS 356
Section 356 of the BNSS provides for inquiry, trial or judgment in absentia when a person declared a proclaimed offender has absconded to evade trial and there is no immediate prospect of arrest. The court must record its reasons before proceeding. The law also provides safeguards, including legal representation for an accused who does not have an advocate.
Police move
Mumbai Police has written to Special Public Prosecutor Ujjwal Nikam seeking proceedings against the six accused under Section 356. The step follows a court proclamation requiring them to appear by August 18, 2026.
The move begins the legal procedure for a possible trial in their absence. It does not mean the six men have already been tried or convicted. The court must first satisfy itself that the conditions prescribed under the BNSS have been met.
Six accused
Investigators have long accused the six Pakistan-based men of roles connected with the planning, coordination or execution of the November 2008 attacks. Hafiz Saeed and Lakhvi have been among the most prominent names linked by Indian investigators to Lashkar-e-Taiba, while Sajid Mir and the other accused have figured in the wider 26/11 investigation.
Their continued absence from Indian courts has complicated efforts to bring the alleged overseas conspirators into the same judicial process that dealt with the attackers present in Mumbai.
Case evidence
The prosecution is expected to rely on material collected during the 26/11 investigation and evidence that emerged during earlier court proceedings, including the prosecution of Ajmal Kasab.
Ten armed terrorists attacked several Mumbai locations beginning on November 26, 2008, including Chhatrapati Shivaji Maharaj Terminus, the Taj Mahal Palace Hotel, the Oberoi-Trident and Nariman House. The attacks continued for nearly 60 hours and killed 166 people. Kasab, the only attacker captured alive, was convicted and executed in 2012.
Trial steps
The immediate issue before the court is procedural rather than a determination of guilt. Under Section 356, a proclaimed offender's absence can be treated as a waiver of the right to be present when the statutory conditions are satisfied. The provision allows the court to continue the case and pronounce judgment while also requiring safeguards for the defence.
If the court permits proceedings against the six accused, the case could become an important test of how India's new criminal procedure framework handles suspects who remain beyond the country's jurisdiction. The development is particularly significant in the 26/11 case, where several alleged conspirators have remained outside India's judicial reach for years.
