Cross-examination: Pakistan allowed to quiz Mumbai witnesses

Indian authorities say Mumbai High Court’s CJ has retrieved his order disallowing Pakistan access to witnesses.

LAHORE:

A Pakistani judicial commission is likely to visit India soon to cross-examine witnesses in the 26/11 Mumbai attack case, sources familiar with the matter told The Express Tribune.

In this regard a dossier has been received by the National Crisis Management Cell (NCMC) of the Ministry of Interior sent by the Indian Government, sources said.



The Indian authorities informed Pakistan that the chief justice of Mumbai High Court has retrieved his order disallowing the Pakistan panel to cross-examine the four witnesses, they said.

These witnesses include the investigating officer of the case, the magistrate who recorded Ajmal Kasab’s statement and the two doctors who performed autopsies on the attackers.

Pakistan has been insisting on their cross-examination. “The delay in the trial has been attributed to witnesses not being cross-examined by the commission. We have asked them to come so that the trial can be speeded up,” said a home ministry official according to India Today.



A prosecutor in Rawalpindi told The Express Tribune that the Mumbai High Court’s ruling disallowing access to witnesses had an adverse effect on the prosecution of seven suspects including Lashkar-e-Taiba (LeT) commander Zakiur Rehman Lakhvi charged with planning, financing and executing the terror attacks.

An eight-member panel from Pakistan in compliance with the Anti-Terrorism Court (ATC) Rawalpindi orders had visited Mumbai in April 2012, but it was not allowed to cross-examine the four key witnesses on the basis of the verdict by the chief justice of Mumbai High Court.

The panel comprised two special public prosecutors, an investigation officer of the Federal Investigation Agency (FIA), a court associate and four lawyers of the accused.

After returning from India, the panel members, particularly Khawaja Haris, counsel for Lakhvi, raised objection against the Mumbai’s proceedings.

The ATC had refused to accept as evidence all the findings of the said judicial commission.

All the proceedings and the report of the Pakistani judicial commission that visited Mumbai in April 2012 had no legal value, ATC Judge Chaudhry Habibur Rehman had ruled.

Judge Rehman observed that if India and Pakistan could reach some new agreement that would allow the cross-examination of witnesses, the prosecution could move an application to send another commission to Mumbai.

Sources said that after the ATC orders a dossier was sent to India through diplomatic channel along with court orders in December 2012.

Now, after lapse of more than six months the Indian government has finally agreed to allow the Pakistani panel to cross examines the four key witnesses, they said.

Published in The Express Tribune, June 19^th, 2013.