Officials say the episode has created further distrust against Pakistan as far as 26/11 probe is concerned.
It is official. Pakistan had agreed not to cross examine the prosecution witnesses, hence, the Rawalpindi trial court had no business to rubbish the judicial commission’s report as illegal for want of cross examination and should have treated it for evidential value in the 26/11 case.
Giving reprieve to seven accused of 26/11 attacks including Zaki-ur-Rehman Lakhvi, judge of the Rawalpindi-based anti-terrorism court, Chaudhry Habib-ur-Rehman in an order on Tuesday had termed the report of the judicial commission as ‘illegal’ for want of cross examination of the prosecution witnesses.
However, an agreement reached between India and Pakistan clearly conveys that Rehman should have treated the judicial commission’s report for its evidential value as the commission was appointed by his court and full knowledge of commission’s scope of work.
Conveying its assent to appoint a judicial commission, the ministry of foreign affairs of Pakistan in a letter written to the Indian high commission on November 5, 2010, had clearly said the commission will record/verify statements of Ramesh Padmnabh Mahale (chief investigating officer), DCB CID, Mumbai and Rama Vijay Sawant Wagule, additional chief metropolitan magistrate, Mumbai 3rd court regarding confessional statement of Ajmal Kasab, and the doctor who conducted who conducted the post-mortem.
“The commission has been asked not to cross examine the prosecution witnesses as requested by the Indian government,” the letter further said.
“This leaves no doubt that the judicial commission’s scope was clearly defined and agreed upon. Pakistan never insisted on the need to cross examine prosecution witnesses. As we see it now, it was probably done deliberately to delay the proceedings,” a senior home ministry official said.
Officials say the episode has created further distrust against Pakistan as far as 26/11 probe is concerned.
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