ISLAMABAD: An anti-terrorism court (ATC) on Thursday ordered the release of Zakiur Rehman Lakhvi, the alleged mastermind of the 26/11 Mumbai attacks, after his post-arrest bail plea was accepted.

The decision drew a sharp reaction from India and surprised many with its unfortunate timing, coming just days after one of the deadliest terror attacks the country has ever seen.

ATC Judge Syed Kausar Abbas Zaidi set Lakhvi’s bail at Rs1 million. But Federal Investigation Agency (FIA) Special Prosecutor Azhar Chaudhry told Dawn that the prosecution would appeal the ATC’s order.

Advocate Raja Rizwan Abbasi, who represents Lakhvi, had moved the plea on December 10.

According to the prosecution, Lakhvi was implicated by the confession obtained from Ajmal Kasab, the lone surviving gunman from the Mumbai attacks, which was recorded before an Indian magistrate. He was accused of masterminding the plot and passing instructions to 10 terrorists who were on a terror spree in one of the largest cities in India.

India condemns decision, demands reversal; prosecution vows to appeal order

The charge sheet issued in the case on Nov 25, 2009 alleged that Lakhvi was a commander of the banned Lashkar-e-Taiba (LeT), and that he received weapons training and imparted the same training to other LeT militants.

The case against Lakhvi rested on statements from two prosecution witnesses — an inspector from the Criminal Investigation Department and an FIA assistant director. Both officers had testified that the accused trained the Mumbai terrorists and identified LeT training camps. They also seized the boat, Al Fouz, which was allegedly used for terrorist activities.

Initially, Lakhvi’s defence attorney argued that Kasab’s confession had no legal value because it was obtained through coercion.

Advocate Abbasi also claimed that the prosecution had insufficient evidence against the accused.

Earlier this year in May, Muddasir Lakhvi, headmaster of the Government Elementary School in Faridkot, Okara — where Ajmal Kasab studied — claimed that Kasab was still alive, despite the fact that he had been tried and executed by Indian authorities in 2012.

Though the prosecution asked the court to treat the headmaster as a hostile witness, the sources close to the prosecution told Dawn that the teacher’s testimony had actually benefitted the accused.

The murder of lead prosecutor Chaudhry Zulfiqar Ali, also in May of this year, cowed the prosecution and witnesses, who began to fear for their lives, sources said.

So far, 32 out of 153 prosecution witnesses have testified.

As per the charge sheet issued to the seven suspects in the Mumbai attacks case: Zakiur Rehman Lakhvi, Hammad Amin Sadiq, Mazhar Iqbal alias Abu al-Qama, Abdul Wajid alias Zarrar Shah, Shahid Jamil Riaz, Jamil Ahmad and Younas Anjum stood accused of setting up training camps in Karachi’s Yousuf Goth and the Mirpur Sakro area in Thatta, as well as obtaining firearms, grenades and explosives for the attacks.

The seven men were also charged with providing rented houses, inflatable boats, a Yamaha engine, cell-phones, GPS systems and the boats Al Fouz and Al Hussaini for the attackers.

Indian reaction

Syed Akbaruddin, spokesperson for India’s Ministry of External Affairs, said in a statement following the announcement of the decision that Lakhvi’s release was unacceptable for India.

“The grant of bail to Lakhvi will serve as a reassurance to terrorists who perpetrate heinous crimes,” the statement said.

The spokesperson called on the government of Pakistan to immediately take steps to reverse the decision. “There can be no selective approaches to terrorism,” he said.

Given the scale of the tragedy that Pakistan itself has faced in recent days, it is incumbent on it to realise that no compromise can ever be made with terrorists, the statement added.

AFP adds: Indian Home Minister Rajnath Singh said the decision was “very unfortunate”.

“India has given enough evidence (against Lakhvi). We expect the Pakistan government to appeal at the earliest,” he told journalists in Delhi.

Published in Dawn, December 19th, 2014