News
Wednesday, July 18, 2012
Judicial commission’s report on Mumbai attacks illegal: ATC* Court says report cannot be made part of evidence against accused
* India says proof collected by Pakistani commission has evidential value
RAWALPINDI: An anti-terrorism court conducting the trial of 26/11 Mumbai attacks’ suspects on Tuesday ruled that the report of a commission that visited India to question key witnesses was illegal and could not be made part of the evidence against the accused.
Chaudhry Habibur Rehman, the judge of the anti-terrorism court no 1, said in an order that all the proceedings and the report of the Pakistani judicial commission that visited Mumbai in March were "illegal".
"The judge ruled that the commission's report is illegal and could not be made part of the records for the case," said Khawaja Haris Ahmed, the counsel for Lashkar-e-Tayyaba commander Zakiur Rehman Lakhvi, one of the seven accused.
"The court has the right to examine whether the working and report of the commission was legal, and in this case it ruled that the working was not duly executed. The report will not be read in evidence," Ahmed said.
The lawyers defending the accused had opposed the report of the Pakistani commission, saying it had "no legal value" as the panel was not allowed to cross-examine witnesses during its visit to Mumbai.
The eight-member commission, which included prosecutors and defence lawyers, visited Mumbai and interviewed a judge, a senior police officer and two doctors who conducted the autopsies of the terrorists involved in the attacks and their victims.
Chief prosecutor Chaudhry Zulifqar Ali had earlier told the court that another commission could be sent to India after ensuring that it would be allowed to cross-examine witnesses. In response to this, Judge Rehman on Tuesday observed that if India and Pakistan reach some new agreement that allows the cross-examination of witnesses, the prosecution could move an application to send another commission to Mumbai. Later, the judge adjourned the case until July 21.
Meanwhile, upset over the Pakistani court’s ruling, India said the proof collected by the Pakistani judicial commission had evidential value to punish those involved in the worst-ever terrorist attack in India.
"Our belief is that the evidence collected by the commission is of evidential value," Indian Home Secretary RK Singh was quoted as saying.
Singh said New Delhi was aware of the ruling of the Pakistani court and would seek a copy of it from the authorities concerned through Indian High Commission in Islamabad. "After we go through the judgement, we will discuss with the Pakistan government as to what they propose to do about it," he said. online
Courtesy www.dailytimes.com.pk