Mumbai attack case: FIA plea for setting up body allowed

Agency wants commission to examine boat used in the attack, record testimonies of witnesses

ISLAMABAD: An anti-terrorism court (ATC) on Wednesday allowed an application of the Federal Investigation Agency (FIA) seeking formation of a commission, which would examine a boat, allegedly used in the Mumbai attacks, and record testimony of a witness who saw it being seized at the Karachi shipyard.

The boat that rocked the relationship between India and Pakistan was allegedly used by the Mumbai attackers to get to Indian waters.

Over 166 people were killed and over 300 wounded in the 2008 Mumbai attack.

The ATC-II judge, Sohail Ikram, allowed the FIA’s application requesting the court to exhibit the boat as evidence as it was allegedly used for carrying the assailants to the open seas of Pakistan and India, and ultimately led to the attack.

The deputy director of the counter-terrorism wing of the FIA, Waseem Ranjha, while talking to The Express Tribune said that the court allowed the application under sections 539-A (affidavits in proof of conduct of public servant) and 539-B (local inspection) of the Criminal Procedure Code.

He added that a commission would comprise himself, the ATC judge, defence counsel, Raja Rizwan Abbasi, court officials and anyone whom court grants permission as the boat would be examined, exhibited as evidence; the statement of witness would be recorded as well as cross-examined.

Earlier, the parties were disputing if the prosecution witness should record statement while standing besides the boat, which is berthed at the Karachi shipyard, or if the boat should somehow be produced before the court so that it could be admitted into evidence.

The ATC court had earlier dismissed the FIA’s petition, which was then challenged before the Islamabad High Court (IHC).

Ranjha said that the IHC had remanded the case back to the ATC providing the prosecution an opportunity to produce any evidence that could make their case strong.

He added that the ATC had now reached the conclusion that the boat was examined and testimony be recorded alongside the boat in Karachi in September.

The FIA officials had maintained that the boat was taken into possession by the investigation officer in the presence of a witness who identified the boat as the same used by the suspects.

The officials added that the boat was too big to be produced in court and examination of the witness could not be completed without production of boat before the court, hence necessitating the commission.

They feared that evidence of the witness and production of the boat was essential for a just decision in the case, and if not produced, a serious prejudice would be caused to the case of prosecution.

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

The commission would examine the boat and record testimony of a witness in Karachi in September.

The case was adjourned till September 7th.

Published in The Express Tribune, July 28^th, 2016.