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Pakistan-India mistrust on 26/11
What is important is that India follows the rules set by Pakistani courts if it wants justice to be done.
India is convinced that the Pakistani state had some role to play in the 26/11 attacks. PHOTO: AFP/FILE
For four years, Pakistan has been trying and failing to convict those believed to be responsible for the Mumbai attacks. The alleged mastermind of 26/11, Hafiz Saeed, was all but declared innocent by the courts. India, of course, was not happy about this and essentially accused Pakistan of being soft on terrorism. That process is essentially playing out all over again as an anti-terrorism court in Rawalpindi — where the trials of Pakistanis suspected of involvement in the attacks are being held — ruled the findings of a Pakistani commission that went to India inadmissible. According to the court, the commission wasn’t allowed to cross-examine prosecution witnesses, so its findings cannot be admitted into court.
India’s response has been swift and brutal. The Indian government has once again taken this opportunity to claim that Pakistan isn’t serious about this trial or about jailing terrorists generally. It does seem that our courts have been easy venues for accused terrorists. Mostly, though, that is because of structural and procedural flaws that benefit accused terrorists. Witnesses, policemen and judges are all terrified of possible repercussions, while many of the accused have been illegally picked up and detained by intelligence agencies and hence their confessions are of no legal value. However, India isn’t interested in considering these details.
What is important is that India follows the rules set by Pakistani courts if it wants justice to be done. This means allowing the Pakistani commission to cross-examine prosecution witnesses. Ultimately, however, even that may not satisfy India. India is convinced that the Pakistani state had some role to play in the 26/11 attacks. The testimony of those involved in the attack does, in the eyes of the Indians, seemingly indicate the involvement of some form of state apparatus — and this problem of perception is likely to remain given these recent developments. Simply putting a few people on trial is unlikely to satisfy India and those who want to know the real truth about 26/11.
Published in The Express Tribune, July 19th, 2012.
Reader Comments (28)
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True — but it’s a start.
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I’ve said this before but….india is clearly not interested in actual progress for this case as all they have is joke “evidence” and with such weak evidence they know very well the outcome of this case. We should NOT waste any more time on pathetic indian shenanigans.
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“Ultimately, however, even that may not satisfy India. India is convinced that the Pakistani state had some role to play in the 26/11 attacks. “
It is certain that the Pakistani state had a role in attempting a cover-up. Pakistan has done little to convince peoples around the world that it has the merit to investigate its own navel; consequently, it is in no position to make demands upon others for any item that could be employed to further new attacks and make them even more difficult to trace back to Pakistan.
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dear editor, again trying to look at complete picture, I find missing pieces on both the ends, more particularly from our side (our beloved Pakistan).
If we were not convinced with india’s documents, did we tried anything serious from our end to justify and prove that the people who are being convicted are indeed innocent, or we simply just rubbished india’s claims and thought our work is done. Did we provided any such proofs to the international community. I believe the answer is BIG NO.
Did our lawyers went to India with the purpose of finding the actual truth OR just finding fault in any of statements given to them and then just loosen up the case. I believe it was the latter case and that’s the reason why direct access was not granted to our lawyers. Did we worked with the international community to help us convince india to grant access, along with some third country arbitrators that us and India both trust and take the statement in front of them, so that any mus-interpretations and ambiguity can be resolved then and there. Again I would say answer is big NO.
So my point is if we ourselves are not serious enough to convince others, prey tell me how others will trust us. We can keep saying that entire world is against us, but the point is do we even care to look within and see what makes the entire world to go against us.
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Sir,
You referred to part of the truth when aid
“It does seem that our courts have been easy venues for accused terrorists. Mostly, though, that is because of structural and procedural flaws that benefit accused terrorists. Witnesses, policemen and judges are all terrified of possible repercussions..”
You may add to that , its impossible to obtain convictions when the state or the prosecution is not too interested in obtaining one. In the case of 26/11 , thats exactly the issue.
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Some bearable pain now can save Pakistan from excruciating pain later on, that is sure to follow. The choice is for the Pakistanis to make.
We will not let go, we will persist and punish come what may.
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Dear sir,
We are 200% sure that Pakistani army and the ISI along with LeT, if not the Pakistani civilian government, were involved in the audacious Mumbai attacks. The testimony of Headly in Chicago and revelations of Abu Zundal in India have further strengthened our conviction that Pakistani state indeed was involved in the murder of 167 innocent people. We in India and Pakistan need to understand that Mumbai attacks is something that cannot be brushed under the carpet at any cost. Pakistani must bring to justice the perpetrators and masterminds of heinous Mumbai attacks in order to normalize relations with India and become our freinds. It will be the biggest confidence building measure. At the end of the day it’s up to Pakistanis what they want though.
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“India’s response has been swift and brutal”
Brutal? I think the murders is what qualifies as brutal. Issuing press releases does not qualify as brutality in my book.
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Dear Editor
Can you tell the world how many terrorists has Pakistan convicted even though the crimes have been committed in Pakistan? How about a status report on the justice meted out to the killers of Christians, Ahmediyas, Hazaras, Baluchi’s, or for that matter Mohtarma Benazir Bhutto? Yet you argue that “india should follow the rules set by Pakistani courts if it wants justice is done”. Please review how many times the pakistani judges have turned over for the trial of the Mumbai massacre accused in Pakistan. Unfortunately your arguments do not hold water.
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This is a joke we Indians asking justice from a international pariah a sworn enemy of India how stupid can we get, we should run counter espionage operations against who ever harms us if we can’t respond why have a army and all those expensive toys
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@Cautious: Show these teeth to The US Battle ship who liquidated your Fisherman right in front of the whole world watching. They accept it and do not regret it either. Go arrest them first. Theya re not even denying they did not do it. Go, WORLD”S FUTURE SUPERPOWER GO. Show us that You can do something instead of being filing FALSE ALLEGATIONS against Govt. Of Pakistan. Follow the Genuine target. Target is not in denial. Go get them, TARZAN. I Know What You are going to do. But I want to hear from your Slave mouth.
India has no proof that Pak is involved and It knows it very well. Indian Own Intelligence agencies are the brainchild of this drama and If I am wrong What Justifies Bombings By the State Sponsored Indian Army colonel who had been planting Bombs within India and doing blasts to Put blames on ISI. Yes, Your very Own Cololen Prohit, Active Army Duty Officer. Therefore, stop playing this drama here because We know You will never follow the Court’s cross-examining request which will expose the lies of your Govt. Moreover, Pakistani media will Immediately discover that KASAB is your own implant. You bring it on and let PAK media interview him. His language will tell the truth. What you guys are hiding. Bring him on . Common. Are you scared that he will expose your State Plan of its Own Terrorism within the state?
Mr. Brave Go take care of your Fisherman Killed by direct fire by US Navy in International waters. They are not denying it. Rather they accept the Killing. Can you do something or Just scream Foul?
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The problem of perception may not lie solely on the Indian side. Based on all the evidence available the International community seems to have no doubts that the perpetrators as well as the masterminds were Pakistani. Today three of the accused ISI agent Daood Gilani, terrorist Ajmal Kasab and LET agent and handler Ansari are all in custody and singing. It took one year to extradite Ansari an Indian with Pakistani documents from Saudi Arabia because of Pakistani objection. Why would innocent Pakistan want to block the extradition of Ansari an Indian citizen ? The Government also refused to hand over voice samples of Major Iqbal and Major Samir Ali the ISI handlers and plotters.
Since there was nothing to hide why was Ajmal Kasab”s family moved out of his village and translocated. Pakistani media was also prevented from investigating the true identity and origin of the remaining nine attackers. There is nothing to hide of course, but to assume the World is made up of people dumb as sheep is preposterous.
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People who are aware of basic realities all over the world see that Pakistanis embrace Islamic supremacy especially when it comes to Hindu India. That is why Mumbai is so important and unlikely to find closure unless Pakistan takes sincere steps. Think about this – Pakistanis want Indians to forgive and forget about state sponsored terrorist attacks that kill hundreds but insist on an apology from the US for the Salala accident.
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If this denial game by Pakistan continues, I sincerely hope India should try all means to declare Pakistan as a ‘Terrorist State’.
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British PM David Cameron said that “Pakistan should not promote export of terror.” Then he defended his statement by saying that he “has a duty to tell the truth. German chancellor Angela Merkel for the first time sent a strong message to Pakistan saying that Islamabad cannot use state sponsored terror as a means to any end. Shedding the niceties of protocol, the President of France described Pakistan the melting pot of state sponsored terror. Afghan President Karzai said that the terrorists are operating from sanctuaries in Pakistan with Pakistani protection. Pakistan ‘epicenter’ of world terrorism, said Admiral Mike Mullen, outgoing Chairman of the Joint Chiefs of Staff.
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@Maulana:
Cooperation from the Pakistan side is missing very much. Did Pakistan give voice samples of the accused in 26/11 case to India. Or did it give any real information to strengthen the Indian case.
Also is it not a fact the judicial commission was sent with the approval of the court and government?
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Pakistani government has no benefit domestically to go aggressively after these terrorists. They will lose whatever public support they have. Unfortunately for India, the only way they will move on this would be to show some carrots for them to take some action. The carrots would be big one’s like Siachen, Sir Creek and some progress on Kashmir. None of these India will negotiate on. No international pressure is going to work on pakistani government. To break this impasse both have agreed to an alternate approach, let us play cricket, open up visas, improve trade etc… and let us agree to disagree on Mumbai, but we will say whatever we want for domestic consumption just like we have been doing on kashmir. That is the reality all Indians need to get used to.
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Trust is not given in aid or charity. It is earned over a period of time but can be lost in a moment. Being a well wisher of my country Pakistan, they need to come clean with all the facts about this and presence of OBL in an army base. It is this simple and easy if Pakistani establishment wants to do it. Making exuses, allegations and hiding facts is not going to help at all.
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Dear Moderator,
I fail to understand how you deem ashok sai’s comments not offensive, and allow it to get published. I can understand the frustration of Indians on all the issues and quite frankly share their concerns. But the suggestion to get 180 milliion people to be declared as terrorists to pay for the action of few is deeply offensive and highly inappropriate in my eyes. This is almost blasphemous stand against basic human right. For an average Pakistani, the same rule would apply to India and US for their track record of heinous crimes on the state level against other states in the past (and continues to this day). I would ask people with such remarks to use your brain and learn to differentiate the people from the state. And better yet put yourself in someone else’s shoes and get a taste of your own medicine.
Thanks.
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Dear Editor,
One suggestion while evaluating Pakistan’s record in terms of judicial and police investigative efficiency do not look only at Mumbai 26/11 in isolation but look at it in totality i.e justice delivered for any crime(s);
Has there been any progress in terms of identifying or arresting people who have murdered Shia pilgrims or terrorist who murdered Ahmadis while praying or for the so many murdered in Karachi?
When you combine all these evidence than you have no other conclusion than the fact that Pakistan does not exist as a state that enforce its writ. For the common Pakistanis who have no choice this means ensuring their private arrangements whereever they can; the issue for non Pakistanis cannot be that they reconcile to this state of affair, but they will do whatever they can as per their means hence US will either kill like OBL/drones other nations will use their means usually economic to make a point.
You can do as much finger wagging as you wish but you will need to clean your aegean stables to have any credibility in outside world.
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It is well known fact that Pakistan will never ever agree to any kind of proof submitted by India even if Kasab stands in front of a Judge in Pakistan.
India too knows that Pakistans courts and parliaments has limitations and therefore there is no frustration In India if pakistan do not act.
Ultimately, it is pakistani citizens who needs to decide if they wish to continue calling their state as terrorist state.
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Dear Editor,
It seems that you (and the other learned Pakistanis missed the) most important point ! What India and others are providing (through its dossiers, judicial commissions, official communique etc.) is just the tip of the ice berg. The 99% of evidences are there in Pakistan.
.
Had Pakistan been sincere, the would have used these leads/ clues to accumulate evidences and witnesses and catch hold of the people involved in Mumbai and other acts of terror.
.
Kasab & Abu Jindal are just off shoot of these evidences. The main and most of these evidences are there in your own country friends !
.
It may look simple to blame the world for being unfair but the INSINCERITY of Pakistan is evident.
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Our court can take action against the toothless government only. Even qadri, the killer of governor taseer is roaming around free! How many khakis generals and isi men have been taken to task by the courts/SC? Both the terrorists and the khakis carry big guns…no judge in pakistan will take any action against this group for the fear Recommend
Lion of Punjab : Well said
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@Roflcopter
I’ve said this before but… We should NOT waste any more time on pathetic indian shenanigans.
You have said this Before, After and Every time in between. And yet, You come here and waste your time.
What gives?
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Pakistani in US:
If 180million Pakistanis are opposed to the actions of a few terrorists, it is up to them to raise up against such tyrannyical establishment and restore order. If you tolerate the establishment then you helped to legitimize it. Then you forefeit the right to protest when you are punished as a nation – by sanctions or other punitive measures.
Where is a single law, crackdown or punishment to any terror operator? How about someone being punished for hosting Osama? Oh right! No one knew – like in case of AQ Khan’s Nuke exports!!
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Trust is earned. You can’t demand it.But old habits die hard. From the time of Bin Qasim to this day ‘we demand’ is the most natural way of asking.The term negotiation doesn’t find a place in our vocabulary.
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@karma Your reply warrant a really harsh reality check for you as an Indian (because you talk as if everything is hunky-dory in India). Indian state and judiciary is as rotten as it’s in Pakistan. Even with a population that is three times that of Pakistan, your “responsible” Indian citizens have yet to take the country out of clutches of corrupt leaders and other hawks. Please take the head out and consider ground realities before making these blanket assumptions about states and people whom you obviously know nothing about. It takes time to reform and change coarse and it’s not easy to do that especially in a neighborhood like Pakistan (with people like you around). when you should on the contrary support the people trying to overhaul the system and make our states accountable.
And let me tell you, your “karma” would definitely catch up to you if you believe in that.Recommend