Safety officers escort Sayed Zabiuddin Ansari, who additionally makes use of the alias Abu Jundal, a suspect within the 2008 Mumbai assaults. , Picture Credit score: AP
The Bombay Excessive Court docket on Monday (November 3, 2025) paved the best way for the resumption of trial of Abu Jundal alias Sayyad Zabiuddin, who has been arrested for being one of many key conspirators of 26/11 terror assault.
The Excessive Court docket quashed the order handed by the trial courtroom asking the authorities to supply paperwork associated to the arrest of Abu Jundal.
Abu Jundal had acted as a handler for terrorists, together with Ajmal Kasab, and was one of many masterminds of the assault.
Justice RN Ladda noticed, “The trial courtroom has utterly misdirected itself by invoking Part 91 of the Cr.PC to compel the manufacturing of paperwork from third events on this context. Part 91 Cr.PC doesn’t confer upon an accused, nor empower the courtroom, to provoke a speculative or exploratory inquiry into the place of arrest, notably when such inquiry bears no rational nexus to the adjudication of the matter. The statutory requirement underneath Part 91 is that the doc or factor sought have to be ‘vital or fascinating for the aim of any inquiry, trial or different proceedings underneath the Code’, which is conspicuously absent within the current factual matrix.” The decide added that the Excessive Court docket discovered it tough to deal with or uphold the reasoning adopted by the path courtroom.
Justice Ladda underlined the significance of well timed trial and mentioned, “The trial has remained stayed since 2018 as a result of impugned order. In severe offences, a well timed trial is important to make sure justice and accountability,” he mentioned.
By passing the order, the Excessive Court docket has allowed the plea of the Delhi Police, the Ministry of Exterior Affairs and others difficult the trial courtroom’s order asking for journey paperwork to be shared with the accused.
Solicitor Basic Tushar Mehta had argued that Abu Jundal was a key conspirator within the 26/11 Mumbai terrorist assault, and had actively participated within the planning and execution alongside Lashkar-e-Taiba operatives. “He offered strategic inputs, educated attackers, and maintained operational oversight through VoIP from Karachi,” he had argued.
Through the trial, Abu Jundal had sought varied paperwork, together with passports, flight manifests and immigration information. “These had been allowed by the trial courtroom with out listening to the petitioners, violating rules of pure justice,” the Excessive Court docket mentioned.
Mr. Mehta had argued that the accused didn’t increase any objection earlier in regards to the legality of his arrest. “His current try to take action, at a belated stage, is procedurally untenable and devoid of relevance to the adjudication of the current trial. It’s additional contended that the paperwork sought by Respondent No.2 pertain solely to procedural points surrounding the arrest and don’t bear upon the deserves of the case. The manufacturing of such paperwork would serve no reliable goal and would as a substitute facilitate a roving and fishing inquiry, thereby impeding the expeditious conduct of trial and defeating the ends of justice,” he mentioned.
Printed – November 04, 2025 12:28 am IST