Mumbai attack case: FIA petition goes back to the boat that rocked the region

Slow sailing of case caused by differences over whether or not boat should be produced in court

ISLAMABAD: The boat that rocked the relationship between India and Pakistan is still awaiting a decision on whether it will be taken to an anti-terrorism court or if a commission would examine the witness who saw it being seized at the Karachi shipyard, where it is currently berthed.

The boat was allegedly used by the Mumbai attackers to get to Indian waters. Over 166 people were killed and over 300 wounded in the 2008 attack.



In April 2015, the Islamabad High Court had directed an anti-terrorism court (ATC) to conclude the trial of the alleged mastermind of the siege within two months and submit a report before the court.

After a year, it emerged that the case still hangs in the balance as the examination of the witness could not be completed without producing the boat — “Al-Fouz” — before the court.

The parties are still disputing if the prosecution witness should record his statement while standing beside the boat, which is berthed at the Karachi shipyard, or if the boat should be produced before the court.

The details emerged from a petition filed by the Federal Investigation Agency (FIA) to challenge an ATC order from January 2016 which dismissed the investigators’ request to form a commission to examine the witness in Karachi.

FIA special prosecutors Abuzar Pirzada, Qazi Misbahul Hassan, and Muhammad Akram Qureshi, through Deputy Director Waseem Ahmed Ranjha, have petitioned the IHC and listed the ATC judge, Zakiur Rehman Lakhvi, and six other suspects as respondents in the case.

In the application seeking formation of a commission, the FIA prosecutor had requested the ATC to issue directions to form a commission to examine the witness along with the case property — the boat — at the Fish Harbor.



The prosecutor had contended that the boat was taken into possession by the investigation officer in the presence of a witness who identified the boat as the same one used by the suspects. He added that the boat was too big to be produced in court, hence necessitating the commission.

Defence counsel Raja Rizwan Abbasi had opposed the application, saying that the witness appeared before the court to provide evidence but his testimony could not be recorded due to faults on the part of the prosecution.

In the order, the judge noted that the prosecutor only said that Al-Fouz is “huge” but provided no no photographs or details of the boat’s measurements.

“Merely claiming that the boat is huge will not advance the case of the prosecution for issuance of commission for its examination unless reasonable material is brought on record to show that the boat is not portable,” the judge said.

He also noted that the IHC had issued direction for expeditious disposal of the case and that the application appeared to be designed by the prosecution to delay the conclusion of the trial as it was “devoid of force”.



The FIA petition will be heard by a division bench comprising Justice Shaukat Aziz Siddiqui and Justice Mohsin Akhtar Kayani today (Wednesday).

In the petition, the FIA has stated that examination of the witness cannot be completed without “production of the boat before the court”, while adding that it would be impossible to tug the boat into the court premises.

Witness testimony and the production of the boat are essential for a just decision in the case, and if not produced, serious prejudice would be caused to the case of prosecution, it adds.

The FIA has prayed the court to set aside the ATC order and order the creation of a commission to record evidence from the witness and examine Al-Fouz in Karachi.

Published in The Express Tribune, May 4^th, 2016.