26/11: Pak issues notification on formation of judicial panel

Pakistan to form a judicial commission to probe 26/11 attacks, the commission to visit India for investigation

Rezaul H Laskar and M Zulqernain/PTI | December 9, 2011




Pakistan has issued a notification on the formation of a judicial commission that will visit India to interview key officials and witnesses linked to the 2008 Mumbai attacks.

But lawyers for seven Pakistani suspects, including LeT commander Zakiur Rehman Lakhvi, said they would not join the panel due to security concerns.

A gazette notification has listed the members who will represent Pakistan government in the judicial commission, sources told PTI.

The delegation will include Khalid Qureshi, the head of the Federal Investigation Agency's Special Investigation Group, and Muhammad Azhar Chaudhry and Chaudhry Zulifqar, the two main prosecutors.

The notification further said that representatives of the defence lawyers too would be part of the commission, the sources said.

The notification was issued in response to a directive from the anti-terrorism court that is conducting the trial of seven Pakistani suspects, including Lakhvi, who have been charged with planning and financing the attacks in 2008 that killed 166 people.

However, Lakhvi's counsel Khwaja Sultan told PTI today that none of the defence lawyers would go to India with the commission.

He cited security concerns as the reason for this decision made by the lawyers.

"Our clients are of the view that our lives will be in danger if we go to India to question the witnesses in the Mumbai case," Sultan said.
 

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Repeating his erroneous claim that Kasab's lawyer had been killed in India, Sultan said: "Besides, the Indian government cannot provide us security."

His remarks were an apparent reference to the killing of Shahid Azmi, the counsel for Fahim Ansari, Kasab's co-accused.

Azmi was gunned down by unidentified men in February last year.

Sultan further said the defence lawyers would argue against sending the commission to India at tomorrow's hearing of the Mumbai attacks case by anti-terrorism court judge Shahid Rafique.

The Pakistani judicial commission will work with Indian law officers to question and record the statements of witnesses and key officials, including the magistrate who recorded Kasab's confession, the police officer who led the investigation in Mumbai and doctors who conducted the autopsies of the victims and attackers.

During the last hearing of the case on December 3, judge Rafique had directed the defence lawyers to complete all formalities to be included in the judicial commission.

Responding to concerns expressed by defence lawyers about possible security threats in India and the cost of the visit to the neighbouring country, the judge ordered the lawyers to submit their passports and furnish other details so that they could be part of the commission.

Prosecutors said all the expenses of defence lawyers would be borne by Pakistan government.

An Indian judge is expected to chair the proceedings of the Pakistani commission in Mumbai.

The prosecution has said it is important for the commission to visit India so that the trial in Pakistan can be taken forward.

It further said countries like the US, whose citizeens were killed in the Mumbai attacks, were anxiously waiting for progress in the trial.


 

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