India moves closer to hosting a Pakistani panel in connection with 26\11 probe

Written By Unknown on Selasa, 18 Juni 2013 | 08.21

NEW DELHI: Moving closer to host a Pakistani judicial commission, which will cross-examine four witnesses in the 2611 Mumbai terror attack case, New Delhi has sent copies of the Bombay high court order in this regard and statements of the witnesses, to Islamabad.
"Pakistan will produce these documents before its anti-terror court in Rawalpindi and decide on the date of visit of its judicial commission", said a senior home ministry official.

He said Islamabad was likely to take a decision on this soon, as there had been no issue pending before it or India, in this regard. "Since the Bombay high court has already given its approval, we don't expect any obstacle from Pakistani court now," he added.
The agreement on the second visit of the panel was finalized on December 25 last year in Islamabad, following several rounds of discussions on complex technical and legal issues between a four-member visiting Indian delegation and Pakistani officials.

During its visit, the Indian team secured assurance from Pakistani authorities that the findings of the second judicial commission would not be summarily rejected by the anti-terrorism court that is conducting the trial of the seven Lashkar-e-Taiba (LeT) terrorists including the outfit's operational commander Zakiur Rehman Lakhvi.

The panel had visited Mumbai for the first time in March last year. But, it was not allowed to cross-examine the witnesses. It had then, just recorded the statement, and, returned. Its findings were subsequently rejected by the anti-terrorism court in Rawalpindi, as the panel's members were not allowed to cross-examine the Indian witnesses.

The witnesses are metropolitan magistrate RV Sawant Waghule, who recorded the confessional statement of LeT terrorist Ajmal Kasab, investigating officer Ramesh Mahale and two doctors from the state-run hospitals who had conducted autopsies of nine terrorists.

The cross-examination of the four witnesses is required to take the ongoing 26/11 case in a Rawalpindi court to its logical conclusion.

After the judicial panel visits India and cross-examines the four witnesses, Islamabad will be expected to reciprocate by granting an Indian judicial commission's access to Pakistani suspects, when it visits the country at a later stage.

The trial of the Pakistani suspects has made little or no headway for months due to various technical and legal issues. The Lahore high court has barred the anti-terrorism court from using Kasab's confession, while defence lawyers have contended that existing Pakistani laws do not allow witnesses in another country to depose via video conferencing.


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