The Bombay High Court on Monday (November 3, 2025) paved the way for the resumption of trial of Abu Jundal alias Sayyad Zabiuddin, who has been arrested for being one of the key conspirators of 26/11 terror attack.
The High Court quashed the order passed by the trial court asking the authorities to produce documents related to the arrest of Abu Jundal.
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Abu Jundal had acted as a handler for terrorists, including Ajmal Kasab, and was one of the masterminds of the attack.
Justice R.N. Ladda observed, “The trial court has completely misdirected itself by invoking Section 91 of the Cr.PC to compel the production of documents from third parties in this context. Section 91 Cr.PC does not confer upon an accused, nor empower the court, to initiate a speculative or exploratory inquiry into the place of arrest, particularly when such inquiry bears no rational nexus to the adjudication of the matter. The statutory requirement under Section 91 is that the document or thing sought must be ‘necessary or desirable for the purpose of any inquiry, trial or other proceedings under the Code’, which is conspicuously absent in the present factual matrix.” The judge added that the High Court found it difficult to concur with or uphold the reasoning adopted by the trail court.
