6 months ago
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The Bombay High Court connected Monday (November 3, 2025) paved the mode for the resumption of proceedings of Abu Jundal alias Sayyad Zabiuddin, who has been arrested for being 1 of the cardinal conspirators of 26/11 panic attack.
The High Court quashed the bid passed by the proceedings tribunal asking the authorities to nutrient documents related to the apprehension of Abu Jundal.
Abu Jundal had acted arsenic a handler for terrorists, including Ajmal Kasab, and was 1 of the masterminds of the attack.
Justice R.N. Ladda observed, “The proceedings tribunal has wholly misdirected itself by invoking Section 91 of the Cr.PC to compel the accumulation of documents from 3rd parties successful this context. Section 91 Cr.PC does not confer upon an accused, nor empower the court, to initiate a speculative oregon exploratory enquiry into the spot of arrest, peculiarly erstwhile specified enquiry bears nary rational nexus to the adjudication of the matter. The statutory request nether Section 91 is that the papers oregon happening sought indispensable beryllium ‘necessary oregon desirable for the intent of immoderate inquiry, proceedings oregon different proceedings nether the Code’, which is conspicuously absent successful the contiguous factual matrix.” The justice added that the High Court recovered it hard to concur with oregon uphold the reasoning adopted by the way court.
Justice Ladda underlined the value of timely proceedings and said, “The proceedings has remained stayed since 2018 owed to the impugned order. In superior offences, a timely proceedings is indispensable to guarantee justness and accountability,” helium said.
By passing the order, the High Court has allowed the plea of the Delhi Police, the Ministry of External Affairs and others challenging the proceedings court’s bid asking for question documents to beryllium shared with the accused.
Solicitor General Tushar Mehta had argued that Abu Jundal was a cardinal conspirator successful the 26/11 Mumbai violent attack, and had actively participated successful the readying and execution alongside Lashkar-e-Taiba operatives. “He provided strategical inputs, trained attackers, and maintained operational oversight via VoIP from Karachi,” helium had argued.
During the trial, Abu Jundal had sought assorted documents, including passports, formation manifests and migration records. “These were allowed by the proceedings tribunal without proceeding the petitioners, violating principles of earthy justice,” the High Court said.
Mr. Mehta had argued that the accused did not rise immoderate objection earlier astir the legality of his arrest. “His contiguous effort to bash so, astatine a belated stage, is procedurally untenable and devoid of relevance to the adjudication of the contiguous trial. It is further contended that the documents sought by Respondent No.2 pertain solely to procedural aspects surrounding the apprehension and bash not carnivore upon the merits of the case. The accumulation of specified documents would service nary morganatic intent and would alternatively facilitate a roving and sportfishing inquiry, thereby impeding the expeditious behaviour of proceedings and defeating the ends of justice,” helium said.
