It was not allowed to cross-examine key witnesses, officials, says court
The Pakistani court hearing the Mumbai terror attack case has held as non-admissible the findings of the judicial commission that visited India in March to record statements of witnesses and officials who had recorded the confessional testimony of Ajmal Kasab, the terrorist nabbed alive.
Defence lawyer Khwaja Haris said the Anti-Terrorism Court was of the view that the commission report had no legal value as it was not allowed to cross-examine witnesses and officials during its visit. When the prosecution sought the court’s permission to send the commission on a second visit to India, the judge said it would be pointless unless both governments agreed that the Pakistani team could cross-examine key witnesses and officials.
According to Mr. Haris, the prosecution has been given time till Saturday to inform the court about its future course of action: Proceed with the case on the basis of available and admissible evidence or await an agreement between the two governments on cross-examining the witnesses by the Pakistani commission.
The commission had returned, protesting the refusal of permission to cross-examine officials and key witnesses. Mr. Haris said Pakistan gave an undertaking to India on November 5, 2010, that witnesses and officials would not be cross-examined by the commission.
It was only after this undertaking that India agreed in principle in March 2011 to allow a commission to record statements; that after securing an assurance of a reciprocal visit by an Indian commission to Pakistan. The Pakistan commission’s visit took another year to materialise.
Pakistan opted for the commission route in August 2010 after India refused to send Kasab here to testify in the anti-terror court. The court had declared that Kasab’s confessional statement was inadmissible as per Pakistani law. To get around this, Pakistan decided to invoke the provisions of Chapter XL of the Code of Criminal Procedure to send a commission to record the statements of witnesses and officials involved in the investigation.
Keywords: Mumbai terror attack, Pakistan judicial commission visit, cross-border terrorism, Ajmal Kasab, 26/11 case
Pakistan not in a mood to bring perpetrators of the crime to Justice. All
accused must be handed over to Indian authority for a fresh investigation.
@Sanket, ISI was formally invited to join investigations and Pakistan's PM Mr Gilani had promised to send Director General of ISI but than backed out. Why ? The offers of help in investigations were pouring in from all over the world but why was Pakistan not forthcoming to clear its name inspite of India's pleas?
Also,Why it took so long for Pakistan to admit that Ajmal Kasab is their national ? Why would Pakistan would not like to meet their own citizen in Indian custody immideately afterwards once they had admitted that he was indeed their citizen?
Don't blame British footprint on Judicial system and do not forget that same Pakistan judiciary was so quick to convict Sarbjeet based on his confession extracted in Police custody.
Never in the history of terrorism, the evidence were so compelling as in case of 26/11 attacks but still Pakistan doesn't want to do anything. If there were any doubts, Abu Jundal's arrest from Saudi Arabia, cleared those doubts as well.
Pakistan will never convict these terrorist, We should not allow Pakistan's cricket team to play in India, they made circus out of this trial, whole country involve in terrorism, nobody condem terrorist attacks in pakistan, I don't want to write anymore, it make my blood pressure high.
Indian Government should not allow resumption of cricket ties with
Pakistan until Pakistan takes real steps to bring the perpetrators of
26/11 to justice. Pakistan government has been just hoodwinking India
all these years and our Government has also been talking to them without
understanding their insincerity. It is time that Indian Government wakes
up from its slumber and do some real courageous act to bring the ghastly
perpetrators to justice. Till then cricket can wait.
There are a few issues here:
1) If you want the court in Islamabad to move forward, you need to allow Pakistan to cross examine the witnesses! Why is India not allowing this ?
2) The reason could be that India wants to safe guard its intelligence sources and capabilities vis-a-vis Pakistan - and if that is the reason, there should be a serious effort to reconcile the 2 contradicting needs.
THE HINDU should do a better job of educating the Indian population about the nuances of the legal system - Pakistan's system, like India's is inherited from the British Raj and in their DNA the penal code will be the same. So I urge the hindu to play a more enlightening role rahter than tint all efforts by Pakistan as feet dragging. Call them out when they are delaying - but be fair!
@George Kurian, A little knowledge is a dangerous thing. The agreement between two Governments was for recording the statements, and not cross examination. Pakistan, if sincere, would have raised objection at that time as they are not that naive that they don't understand the difference between recording of statement and cross examination.
This is height of shamelessness, and nothing else.
Each Indian should realise - It is not Pakistan who should be blamed. It is Indian Govt which is very linient handling Pakistan.
This comes as no surprise. The Mumbai terrorist attack was state sponsored and Pakistan will not allow those involved in the Mumbai attacks to be punished. Those who say that Pakistan has a change of heart and advocate patience are mistaken.
What else can we expect. We already know that Pak is run by terrorist. How will one terrorist say another is one??.LOl. India should cut off all raltions to this terrorist country. Cancel the cricket odi's those that are scheduled. We have to start dealing with an iron hand!.
It has been very apparent that Pakistan is conducting a sham trial. It continues to
mock India with the farcical proceedings and India has been playing along with this
sham.
India and its inept politicians must come to conclusion that, Pakistan is not serious about resolving terrorism charges stemming from its official role in 11/26 and others. Hence foot dragging and recalcitrant attitude by the later. At this stage, why India and BCCI is hosting Pakistan in India? It behooves logic. This tour must be cancelled and we cannot enjoy the game of cricket over the soul of all those we had been wantonly killed and no one is doing anything about it. The citizen of India must boycott the game of cricket (do not buy the tickets or book it on a cable) should this tour goes ahead. The BCCI and India must be ashamed of themselves.
What more can you expect from Pakistan which enacted the drama of judicial hanging of Zulfikhar Ali Bhutto's dead body.
When it comes to protecting terrorists working aginst India ; all Pakistan's Institutes are united. How cricket is going to help us and how a promise(!) of MFN will keep us forgeting 26/11?
When it comes to promoting terrorism and protecting terrorists, all Pakistani agencies are very resourceful.
Surprise ! Surprise ! Dont worry though the clowns in our establishment
will yet continue to pamper and carry on the 'Aman ki Asha' joke at the
cost of the Indian public...
This is fair. Any legal process that does not allow a full and free
investigation is illegal.
India's attempts at bringing about justice for the Mumbai victims are being blocked by Pakistani bureacracy and legalities. Also their reluctance to see justice done proves that having relations with Pakistan are pointless.
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