Pakistan

Lakhvi refuses voice sample for Mumbai attacks case

Indian special public prosecutor says Lakhvi’s position is an ‘admission of guilt’

Web Desk July 12, 2015

PHOTO: NDTV

Zakiur Rehman Lakhvi, the main accused in the November 2008 Mumbai attacks that killed 160 people, has refused to give consent for a voice sample in the case.

Rizwan Abbasi said that the Pakistani citizen would refuse any request for his voice sample.

“According to our law, the accused have to give their consent,” he said, adding that he would also question any future move by the prosecution to seek the samples. The issue will be discussed further between the National Security Agencies of the two countries.

Abbasi’s remarks came a day after Indian Prime Minister Narendra Modi and his Pakistani counterpart Nawaz Sharif agreed to expedite the trial through various methods, including through the provision of voice samples. Earlier, an anti-terror court in Pakistan had granted bail to Lakhvi due to the alleged lack of evidence against him

Indian Special Public Prosecutor Ujjwal Nikam said Lakhvi’s position is an ‘admission of guilt’ and asked the Pakistan government to take severe action against him.

Read:China says stand on Lakhvi based on 'facts, spirit of objectiveness'

"Pakistan Prime Minister promised Narendra Modi to expedite the trial, so now Lakhvi's lawyer's refusal should be dealt with by the Pakistan government. Lakhvi's position is an admission of guilt,"

Only days ago the respective prime ministers of both countries met in Ufa, Russia where Indian Prime Minister Narendra Modi accepted Prime Minister Nawaz Sharif’s invitation to visit Pakistan next year for the Saarc summit and the two countries also agreed to take a series of steps to revive the stalled peace process.

A joint media statement released after an hour-long meeting between Modi and Sharif in Russia on Friday outlined that the two sides had decided to discuss ways and means to expedite the Mumbai case trial, including additional information like providing voice samples.

Read:Icebreaker in Ufa: Nawaz-Modi talks may help defuse tensions

Lakhvi was arrested in 2008 and indicted On November 25, 2009, for planning and helping to carry out the Mumbai attacks. An anti-terrorism court granted him bail against Rs500,000 surety bonds on December 18, 2014. The same day, a local magistrate issued a detention order for one month. On December 29, 2014, Islamabad High Court set aside the detention order and directed the authorities to release him. The Okara DCO ordered his detention on March 12 under the Maintenance of Public Order Ordinance.

The article originally appeared on DNA INDIA

COMMENTS (55)

Ram Dargad | 9 years ago | Reply @Pakistani: Yes, all terrorists should be dealt with sternly by civilized world. However do not equate cross-border attacks with internal incidents. Killing of minorities, foreigners happen regularly within Pakistan but India does not go after those cases.

mahakaalchakra | 9 years ago | Reply @Bewildered: I am really bewildered that you have not read Pakistan's Anti-terrorism Law signed in January 2015 by your President. Burden of proof has been specifically shifted to the accused in this law.

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Bewildered | 9 years ago | Reply Under the Pakistani and Indian laws, the accused is not obliged to provide evidence against himself and has the right to refuse to give his DNA sample (or voice sample in this case for which no law exists in Pakistan and India). Any such samples collected forcefully without the consent of the accused are legally inadmissible as evidence. All over the world including India, Pakistan, and USA, prosecution can not force the accused to provide evidence against himself as it is the job of the prosecution to have sufficient evidence for conviction before charging someone for a crime. Moreover, voice recording is not an admissible evidence both in India and Pakistan because voice can be easily manipulated especially now with digital technologies available. As India has only provided the transcript of the conversation, giving India authentic voice samples could enable her to manipulate the conversation to perfection using digital technologies. So, refusal of Lakhvi to give voice samples is very understandable. I am sure India also knows these facts and is rather interested in lingering the Mumbai attack drama indefinitely to keep Pakistan under pressure and as an excuse for avoiding dialogue over Kashmir dispute for prolonging her occupation in the hope of tilting the situation there in her favor sometime in future.

Last Word | 9 years ago | Reply @Waseem Sarwar: May you and your tribe prosper. Both India and Pakistan need peace as hostile attitude towards each other has taken us nowhere. Pak establishment needs to rise above its self interests and predominance in Pakistan and stop decades old proxy war with India which will bring permanent peace in the region. I am sure India will respond positively as it has no territorial ambitions and might agree to make LoC as permanent border or make it irrelevant to share Kashmir. Billions of dollars spent on defence by both sides could be usefully spent on boosting economies to improve the lot of poor masses as millions are below poverty lines.

Harish | 9 years ago | Reply It will be real funny to be a police man in Pakistan. He catches a murderer with murder weapon in his pocket but he can't seize the weapon, of course the murderer doesn't give consent to do so. LOL

Curious George | 9 years ago | Reply All those who support Lakhvi for refusing to give voice sample don't really understand that it gives India a chanced to prove that Mumbai attack was not an act of non state actors but state actors.It is great diplomatic win for PM Modi.

Kolsat | 9 years ago | Reply @Timorlane: Courts are courts you idiot at least in India. Furthermore the culprits were indians and were judged on the evidence presented to the court. Pakistan uses terrorists called tactical assets to kill in another country as it did through this criminal Lakhvi.

mahakaalchakra | 9 years ago | Reply @Babloo, what you are trying to find out is a deep state secret which every one knows but dare not question.

OBSERVER | 9 years ago | Reply @Mayuresh....pakistani only believe documentary on MQM....they do not believe documentry on secret pakistan,Dar revelation documentary on money laundering by Nawaz Shareef

Waseem Sarwar | 9 years ago | Reply This is first time i feel there is something wrong. I mean if someone accuses of of murdering people and i have to give my voice samples to proof my innocence then i would do that instantly. Take his voice samples forcefully and punish him if he is proven guilty. Enough is enough. Every innocent killed is murder of humanity.

mahakaalchakra | 9 years ago | Reply I am of the opinion that Lakhvi would either disappear or made to disappear, temporarily or forever to enjoy 72 houries. Pakistan's credibility and honor is now at stake and Pakistan can only save one, either Lakhvi or its honor to get out of the tight situation. India gets another ripe lime to make lemon in the UN for many years to come and a stick to poke Pakistan and China as Pakistan would have to face pressure from the Chinese President Xi Ping whom Modi has already written a personal letter about their conduct in the UN on this issue recently. Chinese must be reviewing their earlier response to Modi's letter on this subject which was devoid of any logic assuming Pakistan would never agree to give voice samples to India. It is a win-win situation for India because Modi can and may cancel his promised visit to Pakistan next year in the event voice samples are not given by then.

Babloo | 9 years ago | Reply Just find out who is paying Lakhvi's lawyers, who paid his bail, who is paying for his lavish life-style and upkeep with an array of guards and elaborate security and you will know who is financing and protecting Mr Lakhvi. Remember, as per UNSC resolution, providing financial help to Lakhvi is itself a crime.

Mukesh Choudhary | 9 years ago | Reply Very soon News will come that he Refuses to get Punishment.......Don't you think that will exact reflection of law and order in your country........or Democracy too

Bewildered | 9 years ago | Reply All over the world including India, Pakistan, and USA, prosecution can not legally force the accused to provide evidence against himself as it is the job of the prosecution to have enough evidence for conviction before charging someone for a crime. Under the law, the accused has the right to refuse to provide his blood or DNA (or voice in this case) samples. Any sample collected forcefully without the consent of the accused is legally inadmissible as evidence. Moreover, voice recording is not an admissible evidence both in India and Pakistan because voice can be easily manipulated especially now with digital technologies. So, refusal of Lakhvi to give voice samples is very understandable. I am sure India also knows these facts, and is really not interested in Lakhvi's conviction, rather interested in prolonging the Mumbai attack drama to keep Pakistan under pressure and as an excuse for avoiding dialogue over Kashmir dispute.

usman777 | 9 years ago | Reply If he is guilty, he should be punished. I hold in contempt the way attackers fought in Mumbai the same way I hold Indian state machinery in Kashmir. If we must fight, let us fight as warriors not hitting civilians, old women and children.

Jalal | 9 years ago | Reply @Qamar Valliani:

Pakistan does no care about Indian laws. Pakistan has its own Penal Codes and follow them.

According to which MQM workers can be tortured in custody by Lakhvi cannot be made to give voice sample.

earth | 9 years ago | Reply @Ibrar: If voice sample is not reliable then why not ready to give.An innocent never have fear. Before Allah he is punishable.

Pakistani | 9 years ago | Reply Lakhvi definitely deserves to be tried and hanged, but so do the Samjhota Express plotters. Until and unless definitive action is not taken against the RSS for killing tens of Pakistanis, we will cozily keep Lakhvi from Indian hands. Its only fair and according to rules of international diplomacy :)

Right? | 9 years ago | Reply @Maliha: If Mumbai was a false flag, that APS was also a false flag. Right?

Babloo | 9 years ago | Reply In most countries, including USA , the accused can be compelled to provide DNA, Blood, hair, voice, finger-prints. There is no such thing as refusal. most rape convictions are based on matching hair and dna samples of those found on site and with those obtained from the accused. Make no mistake that the supreme agency in Pakistan, protecting Lakhvi.

Last Word | 9 years ago | Reply It so appears that the civilian govt and the establishment are not on the same page. How on the earth the voice sample was committed in the joint statement in the first place if there were any legal restrictions to it ? The honourable court's ruling and govt stand on this issue would be eagerly awaited by India otherwise it is bound to cause a great embarrassment to Pakistan and a major victory to India that the main accused is being shielded by the state.

Mega | 9 years ago | Reply @Maliha you are comparing apples and oranges. There is a huge difference between proving or finding proof in -planting a bomb by any unknown person in public place and running away(Samjhota express where both indians and pakistani lost lives), and another incident (where indians lost lives) which occurs for three days "live" for all to see on tv with caught millitant and recorded satellite phone conversation taped, boats, simcards,docs etc during those three days. Where the caught guy confesses everything. One of your own media channel showed his hometown and parents. Your PM stated them as non state actors residing ithere and promised to bring the perpetrators to justice. America too captured David Coleman who revealed everything and is currently in american jail for it. Enormous circumstancial evidence. Where as in samjhota Case. you have a guy accusing other guy of doing things. With no proofs to back his statements-no videos,fingerprint,witness etc Still those people are/were in jail custody for so many years. And two wrongs don't make a right. Inocent lives were lost they have right to seek justice. You can't deflect in by conspiracy theories no obl, no 9/11,26/11 insider job etc.

Babloo | 9 years ago | Reply His 'voice sample' is a national treasure. Cant be shared with enemy state.

Sardar KHAN | 9 years ago | Reply Why the Indians are up in arm for his lawyers' assumption of his refusal to give his voice samples.If the Indians are so sure that they,usa and british have got his voice samples and have checked it.Then there is no problem at all,just play them and let the world decide whether he was involved or not. Mayrush, If you are so convinced by the pbs.documantry is true and is the proof of his guilty.Then you must be convinced by all the documentaries about the conspiracy about the 9/11 attacks in usa.There is so much have been written about this in the world that it is impossible to find out what is the real truth.Every one is trying to convince that he is right.For your information there is an article about this every day in the Veteran Daily.for the ex military personals of USA. It is one's on choice to accept what is the truth and shouldn't force his opinions on others.You must be aware of the saying,"What ever glitters couldn't be always gold." Believe what you believe but don't accept any one else must believe in it.As for as Indians accusations are concerned 99.9% of Pakistani people don't accept them as truth and believe them as lies against him.Until concrete proofs are produced.You may know that the Japan's Judge (who was asked by indian government to probe the bombai attack) didn't found any proof against Lakhnavi at all.So stop shouting about his involvement without any solid proofs.

khan | 9 years ago | Reply of course, he is a terrorist.

Sad but true | 9 years ago | Reply Well good he is innocent. So give the voice sample and stop embarrassing Pakistan. India will have no choice but to talk to Pakistan on Kashmir.

Jalal | 9 years ago | Reply @Saad:

He refused it because he is innocent!

If he is innocent then what has he got to lose in giving voice sample? And why are you so keen to declare him, your strategic asset, innocent so soon?

mahakaalchakra | 9 years ago | Reply Can't Nawaz Sharif ask Pakistan army to haul Lakhvi to newly created military courts for the bad terrorists? After all the Prime Minister of an Aitmee kuwwat must do all to honor his world given in SCO sidelines.The army reports to the Prime Minister, not otherway around.

Vectra | 9 years ago | Reply Pakistan keep asking for voice sample,now when India is providing the samples this drama started but now it is pakistans responsibility on how to get voice sample from Lakhvi.World is watching and after this China may not also be able veto pakistan in UN as pakistan voice sample was mentioned in the joint statement.This voice sample of lakhvi even confirmed by US.

Haider | 9 years ago | Reply @Sameer He has refused not Pakistani government

kashif | 9 years ago | Reply prosecution has to prove his case behind any doubts and not the accused to prove that he is innocent. india need to prove his case if they prov then in rebutal lakhvi can give his voice sample to prove him innocent. additional information required from india to prove him accused and not from pakistan or lakhvi.

Jibran | 9 years ago | Reply Establishment is still guarding the strategic assets. NAP is just a hogwash for public consumption.

Maliha | 9 years ago | Reply Oh Indians, please stop ranting about Lakhvi and just punish Swami Aseemanand and Col. Purohit Shrikant first. First you punish the perpetrators of Samjhauta Express (which you blamed on us for four years until Aseemanand himself confessed, remember?), then talk to us about your false flag Mumbai attacks.

Qamar Valliani | 9 years ago | Reply Pakistan does no care about Indian laws. Pakistan has its own Penal Codes and follow them.

Ram Dargad | 9 years ago | Reply “According to our law, the accused have to give their consent,” Are laws made to protect criminals? It is high time such a law is modified. Confession of David Headley in Chicago court & that of Ajmal Kasab in Mumbai court established that a conspiracy was hatched in Pakistan by LeT with help of a few ISI officers. Hence most of the evidence is in Pakistan to which India has no access. It is in the interest of Pakistan to collect the evidence & punish the guilty.

Ibrar | 9 years ago | Reply @Fawad: Can someone explain how reliable the voice analysis method is? Is it 100 % fool proof?

goggi (Lahore) | 9 years ago | Reply According to his war-manual, lying, deception and killing non-Muslims is totally legitimate.

wb | 9 years ago | Reply @Saad: "He refused it because he is innocent!" I want to seek the forgiveness of all Pakistanis. I have humiliated you and insulted you and abused you as illogical and unreasonable. But, now I see that you are the most intelligent and logical and reasonable people on Earth. Saad is right. Only innocent people refuse to give evidence. Criminals always give evidence.

raider | 9 years ago | Reply @Priti: @Fawad: voice samples is seriously prone to manipulation and self-concocted inferences, how could vice samples be handed over to a county against which offense was allegedly committed and even claiming of his involvement and per-occupied thereof

SB | 9 years ago | Reply Even if he agrees to give voice sample and even if it matches perfectly, nothing will happen to him. He will roam freely. Everybody knows that. because it will be suicidal for the Pak Army/ISI and embarrassing for Pak Govt. It's just a pressure game by India. They will continue pressurizing Pakistan. This is Gen X diplomacy. His denial will help India to prove it's case in front of International community. Look, how efficiently India managed to keep Pak diplomats busy in explaining the whole world why Lakvi could not be tried. This is offensive diplomacy. BTW, covert operations are good until you get caught red handed. Look what RAW has done to Pakistan in the last two years. Every part of the country is burning today. Still, no concrete evidence found against RAW so far. This is how it should be done. And not like the ISI operations where they leave evidence after evidence of their acts. Way to go ISI....where are you buddy?

Fawad | 9 years ago | Reply Why would he refuse giving voice sample, where he could have proven his innocence!! But it drags on. I don't understand, police tortures people so that they confess or give evidence for their crimes, otherwise I don't think any criminal will accept he is criminal. So why it is of any difficult to get voice sample? One should just give voice sample and finish the case, it is dragging too long.

Priti | 9 years ago | Reply @Saad: he refused it because he knows if the recorded live satellite/phone voice sample conversations match with his(which will) he will be caught Redhanded. So he won't want to give in. When one is innocent he has nothing to worry and fear. He would give voice samples and prove others wrong and seek demages. He would be eager to to remove the taint that has tarnished his image and made him famous around globe for no reason. He's is not doing that...any guesses why?

Sameer | 9 years ago | Reply in joint statement Pakistan agreed about speedy trial of Mumbai case and providing lakhwi voice sample to India ....then why going back now? it looks they are afraid of revealing the truth

Malatesh1 | 9 years ago | Reply Why Pakistan his now requesting him for voice sample? Why Lakvi will say that he will give voice sample? He was there in the custody for sometime before, they could have collected voice sample forcibly... Is it so difficult for Pakistan?

pn awasthi | 9 years ago | Reply @Saad: He refused it because he is guilty and his refusal is clear admission of guilt.World is watching and your iron friend China on whose bidding Pakistan agreed will see your real colour.All those were calling it India's propaganda will be convinced that every charge India made was true.By his refusal Lakhvi and his mentors stand exposed.

Parvez | 9 years ago | Reply Why does he even have to be asked for a voice sample ?

Sameer | 9 years ago | Reply Now all the dialogue process will go back to nowhere

Dan | 9 years ago | Reply He refused it because he knows that his voice samples will give him away. He is definitely the main culprit behind that attack. India should not listen to Pakistan and if Lakhvi does not give his voice samples, all ties and the talks of NSAs b/w these two countries, delegation level talks etc should be put off with immediate effect. Period.

Vicky | 9 years ago | Reply This back stabbing was expected from Pakistan....

amr | 9 years ago | Reply Ya,,,even osama would have refused to give his voice sample as he is also innocent..what a joke

Appan | 9 years ago | Reply Oh! Lakhwi is a great soul!! He is so innocent!!! Do not trouble him. How can he give voice sample? He cannot even speak!! He cannot even kill an ant. How can he be the mastermind of Mumbai massacre!!! LoL.

ghazal | 9 years ago | Reply if he is innocent what has he to fear for. or he innocent Pakistani style??

Timorlane | 9 years ago | Reply When would we have voice samples of RSS terrorists who bombed Samjhota Express and were cozily released by indian hindu courts

Mayuresh | 9 years ago | Reply For anyone in Pakistan who thinks there is no "proof" against this guy, just watch this documentary, it is not created by Indian agents: http://www.pbs.org/wgbh/pages/frontline/american-terrorist/ You will be surprised to know how much is known by British, american and Indian intelligence about the Mumbai attack and the fact that the british team even knew who was sitting where in the Karachi control room as they had hacked into the computers of these terrorists. Just don't pretend about these proofs etc, a complete charade is being played out and India does not have enough muscle to force his conviction, if this same incident had happened in US of A, the guy would have been hanged by now, such are the ways of so called International diplomacy

Saad | 9 years ago | Reply He refused it because he is innocent!

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