A sessions court in Mumbai has issued warrants against Faheem Ansari and Sabauddin Ahmed asking the Uttar Pradesh police to produce the duo on September 23, as the Bombay high court has admitted state's appeal against their acquittal in the 26/11 terror attack case.
The warrants were issued on August 27 by Principal Sessions Judge M L Tahaliyani, who was also the trial judge in the same case.
The high court had on August 12 admitted an appeal filed by the Maharashtra government challenging the acquittal of Faheem and Sabauddin in the 26/11 terror attack case. The court also ordered that in view of admission of state's appeal both the accused may be produced before a sessions court here.
Accordingly, warrants have been sent to UP police as Sabauddin is lodged in Lucknow jail while Faheem is kept in Bareilly jail. Both are entitled to seek bail after they are produced before a sessions court, Crime Branch officer Ramesh Mahale told PTI.
Meanwhile, the high court would hear the matter pertaining to confirmation of death penalty given to lone surviving Pakistani terrorist Ajmal Kasab in the 26/11 terror attack case on Monday.
Kasab's lawyers Amin Solkar and Farhana Shah have not yet filed appeal challenging the death penalty awarded to the Pakistani terrorist.
"We might seek time from the high court tomorrow as the appeal is not ready," said Solkar.
Faheem and Sabauddin are lodged in separate prisons in Uttar Pradesh in connection with a case of firing at Central Reserve Police Force camp in Rampur, according to government's counsel Ujjwal Nikam.
Under the CrPC, when an appeal is admitted the high court issues a warrant directing that the accused be arrested and brought before it or a subordinate court which may send him to prison pending appeal's disposal or grant bail.
When the matter comes up on Monday, the high court may fix a date for a day-to-day hearing of the state's appeal and confirmation of death penalty imposed on Kasab.
Kasab was convicted for killing 166 people with nine other accomplices of the Lashkar-e-Tayiba on November 26, 2008, at various places in Mumbai.He is lodged in the high security Central Prison at Arthur Road Jail in Mumbai and guarded by Indo-Tibetan Border Security personnel round the clock.