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Bombay High Court Clears Way for Abu Jundal Trial by Quashing 2018 Disclosure Order

The court ruled the trial judge misused Section 91 CrPC, lifting a stay that had stalled the case for years.

Overview

  • Justice R.N. Laddha allowed petitions by the Delhi Police, Ministry of External Affairs and Ministry of Civil Aviation, setting aside a sessions court directive to furnish confidential travel records to the accused.
  • Proceedings against Zabiuddin Ansari alias Abu Jundal, on hold since 2018, are now expected to enter the second phase of the 26/11 case with hearings resuming in the coming weeks.
  • The High Court held that Section 91 cannot be invoked for speculative or fishing inquiries and noted public interest, national security and foreign-relations concerns limit compelled disclosure.
  • The defence had sought passports, flight manifests and immigration records to support its claim of a Saudi arrest and deportation, which the Delhi Police dispute by asserting an airport-area arrest in New Delhi.
  • Prosecutors say Jundal acted as a handler who trained the attackers, including Ajmal Kasab, and coordinated from a Karachi control room during the 2008 assault that killed 166 people.