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This is an archive article published on February 14, 2009

MHA sanction sought to prosecute Lakhvi,six other LeT men

The Maharashtra Government has sought sanction from the Union Ministry of Home Affairs under Section 188 of the Code of Criminal Procedure...

The Maharashtra Government has sought sanction from the Union Ministry of Home Affairs (MHA) under Section 188 of the Code of Criminal Procedure (CrPC) to launch prosecution proceedings against seven top Lashkar-e-Toiba operatives for involvement in the November 26,2008 Mumbai attacks. However,trial against them can’t be held in absentia and the prosecution would have to wait till they come on their own or are brought to India or deported.

The trial of the three other accused,two of them Indian citizens — Fahim Mohd Yusuf Ansari and Sabauddin Ahmed — who are in custody,will start soon,sources in the Maharashtra Government said.

All seven “wanted” accused are currently in Pakistan from where they planned and directed the attacks on India’s financial capital.

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Section 188 of the CrPC deals with crimes committed outside India. Sanction for holding trial in such cases can be given only by the MHA.

The seven terrorists for whom sanction has been sought include LeT chief Hafiz Mohammed Saeed,LeT terrorist Zaki-ur Rehman Lakhvi,who is accused of having masterminded the Mumbai attacks,and LeT’s media wing chief Zarar Shah. Lakhvi and Shah were among the members of the terrorist organisation who were arrested by Pakistani agencies during a crackdown after 26/11. They are still in custody,but so far Pakistan has refused to hand them over to India to stand trial,insisting that those involved in the Mumbai attacks would be tried under Pakistani law.

The other LeT operatives for whom prosecution sanction has been sought are India operations chief Abu Humza,publicity wing chief Abu-al-Kama,Kafa,and operations commander Yusuf Muzammil.

Lakhvi and Kafa’s names also find mention in the statements of Mohammed Ajmal Amir Kasab,the lone terrorist caught by the police during the attack.

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