The Bombay High Court has cleared the path for the resumption of the trial against Zabiuddin Ansari, also known as Abu Jundal, in the 26/11 Mumbai terror attacks case, seven years after it was stalled. The High Court quashed a special court order that had directed the production of confidential documents to Abu Jundal, labeling his request a "fishing and roving inquiry".
Justice R.N. Laddha set aside the 2018 order, which had effectively put the trial on hold. The special court's initial order was in response to Jundal's application seeking travel-related documents. He argued that these documents were vital to his defense, as he intended to prove he was arrested in Saudi Arabia, not in Delhi as the authorities claimed. He invoked Section 91 of the Criminal Procedure Code (CrPC) to compel the Ministry of Civil Aviation, Ministry of External Affairs, and Delhi Police to produce the documents.
The prosecution maintains that Jundal is a dangerous international terrorist who trained Ajmal Kasab and other terrorists involved in the Mumbai attacks. They claim he trained them in speaking Hindi with a Mumbai accent and familiarized them with the city's geography. The prosecution further alleges that Jundal was in Pakistan, using a satellite phone to coordinate the terrorists during the attacks.
The High Court noted that Jundal remained silent about his alleged arrest location when he was initially brought before a magistrate. His claim emerged much later during the trial. The court deemed the location of Jundal's arrest as "wholly immaterial" to his right to defend himself. It further added that Jundal's attempt to raise the issue of his arrest at a belated stage was procedurally untenable. Solicitor General Tushar Mehta argued that Jundal's request was a "fishing inquiry" designed to impede the trial's progress. He also stated that the documents sought by Jundal pertained solely to procedural aspects of his arrest and did not relate to the merits of the case.
The 26/11 Mumbai terror attacks, executed by ten heavily armed Pakistani terrorists, resulted in the loss of 166 lives, including foreign nationals. Abu Jundal is accused of being a key conspirator in the attacks, having provided strategic input, trained the attackers, and maintained operational oversight from Karachi via VoIP. With the High Court's decision, the trial against Abu Jundal is now expected to resume, potentially bringing closure to a long-pending case. Additional Solicitor General Anil Singh confirmed that the High Court had allowed the petition and quashed the session court's order.
