Lakhvi will not provide voice samples to India, says lawyer
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Zakiur Rehman Lakhvi, the alleged mastermind of the Mumbai attacks in 2008, has refused to provide voice samples to India in relation to an investigation to indict him for involvement in the terror attacks on Indian soil, Hindustan Times reported on Sunday.
Lakhvi's lawyer – Rizwan Abbasi – told the Indian media outlet that according to Pakistan's laws, the accused's consent was necessary for a voice sample. “My client has refused in the past and will refuse again,” said Abbasi.
The development comes only a couple of days after Pakistan's and India's premiers released a joint statement from Russia, vowing to expedite proceedings of the Mumbai attack case among other sticking points.
Lakhvi was released from Rawalpindi's Adiala Jail in April this year, after a court ordered dismissal of detention orders issued against him by the Okara DCO on March 14.
The Punjab government had previously maintained that Lakhvi was detained based on 'sensitive information' provided by intelligence agencies.
Read: Lakhvi, a free man for now.
India condemned Lakhvi's release deeming it an "insult" to the victims of the 26/11 Mumbai attack.
“This is a very disappointing announcement. An insult to the victims of 26/11 Mumbai attack. The global community should take serious note of Pakistan's double-speak on terrorism,” said an Indian home ministry spokesperson who asked not to be named.
Lakhvi is among the seven persons charged with planning and helping carry out the 2008 Mumbai attacks. The six other men facing trial in Adiala Jail for their alleged involvement in Mumbai attacks are Hammad Amin Sadiq, Shahid Jamil Riaz, Younas Anjum, Jamil Ahmed, Mazhar Iqbal and Abdul Majid.
At the time of the attacks, Lakhvi was believed to be the operational head of the banned Laskhar-i-Taiba (LT) that has been accused by India of carrying out the attacks in India's financial capital.
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On DawnNews
Comments (64) Closed
Jul 12, 2015 06:53pm
There you are.
Refusing voice sample.
Any deductions drawn.?
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Jul 12, 2015 07:01pm
So they need his voice sample to create evidence ???
If they had any prove they would have shared it with us.
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Jul 12, 2015 07:04pm
If you are innocent then whats problem in providing voice sample?
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Jul 12, 2015 07:06pm
Only this much can be expected and anything better than this is a bonus.
So its pretty clear how much importance the bilateral talks have.
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Jul 12, 2015 07:12pm
Why cant you give your voice
Let it prove that you are innocent
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Jul 12, 2015 07:14pm
Good decision, India without sharing any evidence thinks we dance on their tunes is not acceptable, attack was in India and for very reason they are blaming one organization without evidence I just rubbish, we need shut down their embassy in Pakistan who seems to be involved illicit activities...
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Jul 12, 2015 07:15pm
@Daood India has provided with voice samples of radio conversations. To confirm that one of the voices is of Lakhvi, they need his voice sample.
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Jul 12, 2015 07:16pm
India should provide the voice sample that they have. Why should the accused provide it?
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Jul 12, 2015 07:22pm
@Ali : Irrespective whether he is innocent or not - do you belieave Indian intellegnece agencies are very innocent? Why don't they provide their proof to Pakistan and to the United Nations and ask them for investigation? Why don't they want to talk on Samjota Express tragediy? Why don't they want to talk on Kashmir? What about Siachen and Sir Creak, ... and the list goes on?
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Jul 12, 2015 07:24pm
we Pakistani not going to dance on our tunes.SORRY
lakhvi is innocent as proves in the court of law
stop interfering in Pakistan like supporting terrorist in Karachi,Baluchistan and tribal area or you will also meet the same consequences
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Jul 12, 2015 07:27pm
International protocol does not require providing any voice samples.
If India does not desist from sponsoring terrorism in the region then the worst is yet to come for it.
India was broken up in 1947 and three more times subsequently. The next time will be the end of India as we know it.
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Jul 12, 2015 07:28pm
what else can be expected
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Jul 12, 2015 07:31pm
Excellent decision.
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Jul 12, 2015 07:33pm
@Daood Create evidence??? Those taped conversations have already been provided to Pakistan
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Jul 12, 2015 07:40pm
@Taimur Ahmad India does not have embassy, it has High Commission.
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Jul 12, 2015 07:42pm
@Taimur Ahmad Terrorist is terrorist.No difference between Mumbai and Peshawar inhuman crime
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Jul 12, 2015 07:46pm
@Erik We want Lakhivi's voice samples to match with the voice samples we have.
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Jul 12, 2015 07:51pm
Why should good people like Lakhvi be mistreated because India wants to prosecute them. We should help our Muslim brothers not hand them over to enemies.
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Jul 12, 2015 07:57pm
if he was innocent...then the voice sample would prove him innocent. I wonder why he does not want to give a sample?
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Jul 12, 2015 07:57pm
No need to oblige India.
You reap what you sow.
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Jul 12, 2015 07:59pm
Provide voice sample for what? He is not auditioning for Bolly/Mollywood.
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Jul 12, 2015 08:05pm
Why should someone provide voice sample to another country to prove his innocence? Burden of proof lies on India not the one who is being accused.
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Jul 12, 2015 08:08pm
Good decision. They will tamper the voice and will somehow make it match and start whining again like always.
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Jul 12, 2015 08:21pm
@Joe - What do you expect a defendant to do...offer himself to be hanged? He will naturally do whatever it takes to save himself. What India agreed was to provide evidence of what it has.
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Jul 12, 2015 08:24pm
the accused is not to provide the evidence of guilt, it is the prosecution to prove the guilt beyond reasonable doubt. Criminals enjoy the right not to answer any questions in UK courts.
India should have no such trouble with Samjhota express accused Indian army personnel, try them to prove your sincerity, Maharaj Nerendra Modi.
No one has any soft corner for these extremist cults in Pakistan but that does not mean to accept the Indian version without testing in Pakistani Court, which has a double faced hatred filled leadership playing double game in Balochistan and Afghanistan with past criminal interference in East Pakistan. We have not forgotten your designs.
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Jul 12, 2015 08:28pm
@Qavar Very good decision at least now we have clarity i.e. there is no talk with Pakistan on any issue.
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Jul 12, 2015 08:38pm
India has given audio CD of conversation between Mumbai attackers and their handlers. Audio sample from Lakhvi is required to analyse if in earlier recorded conversation, Lakhvi was present or not. Simple requirement, to either confirm or exonerate his involvement. If he gives it, case will be closed quickly, why drag it.
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Jul 12, 2015 09:01pm
@Blue Saffron ? India broken 3 times? Enlighten me please!
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Jul 12, 2015 09:02pm
Shouldn't the burden be on India to provide evidence to the court and be done with it if the evidence is solid as they say? Now India wants his voice samples which they know he has refused and will refuse again so it will be another deadlock. I think India just want political mileage out of this and nothing else.
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Jul 12, 2015 09:14pm
Therefore talks are useless.
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Jul 12, 2015 09:16pm
It proves his involvement in crime. If he is clean and clear, then why he is hesitating in giving his voice sample?
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Jul 12, 2015 09:31pm
You were asked to proved the voice samples not us....
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Jul 12, 2015 09:35pm
Saddened by Pakistani comments above.
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Jul 12, 2015 09:43pm
It's up to Pakistani investigation team to acquire those samples and provide. Lakhvi's lawyer is always going to refuse it, that's his job. Those who support this move need to understand these samples are going to internal investigation of India and very necessary to improve relations.
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Jul 12, 2015 09:44pm
He should give voice samples if he think he is innocent..but before that relief should be given to the victims of "Samjhota Express"
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Jul 12, 2015 09:47pm
India will wait for the Pak court decision and its govt stand on this major issue since Pakistan has given its commitment to give voice sample otherwise it will result in a great embarrassment for Pakistan and victory for India.
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Jul 12, 2015 09:58pm
What's the point of meeting and talking if there is no follow-through?
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Jul 12, 2015 10:14pm
Pakistan's policy of selective view on terrorism will cause more harm.
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Jul 12, 2015 10:33pm
First Indian accused Hafiz Saeed and now lakhwi implicating and implying them in the attack in Mumbai. If they have any DNA proves regarding voice and other evidences, they should submit it to Pakistan or international court of justice. It has been years and India could not produced any submissable evidence. Indian RAW previously accused the hijacking of Indian aircraft "Ganga affair" pre 1971 war and they took that pretext to invade Pakistan, later it was found that the hijackers were Indian RAW trained hijackers. India trained Mukti Bahini in our East Pakistan, India first has to answer all these involvement in the affairs of a sovereign country Pakistan. Don't throw the dirt on others when you are dirty yourself. Pakistan will never surrender to the jingoism of India.
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Jul 13, 2015 12:17am
This kind of acts only putting Pakistan in trouble !
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Jul 13, 2015 12:37am
Indians must understand that long as India keep protecting Indian Army men who bombed Samjutha Express, Pakistan will show no understanding. International relations are give and take, not take and take. Personally, I couldn't care less about this Lakhvi figure and neither do I know who he is.
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Jul 13, 2015 12:57am
@Ali when is modi going to voluntarily help those investigating the gujerat massacres? Sounds like indians calling the pot black to me.
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Jul 13, 2015 01:07am
@Private eye .... You have summed this up correctly.
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Jul 13, 2015 01:10am
This looks ridiculous. As a Pakistani I feel it is Lakhvi's responsibility to get himself cleared if he is innocent. Otherwise the state is bound to get him convicted. Killer is a killer, no matter where the crime took place. There is enmity between 2 countries but it doesn't allow any of them to allow non state element to attack and kill ordinary people on the other side.
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Jul 13, 2015 02:15am
Why is he afraid to share??? If he is innocent
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Jul 13, 2015 03:33am
@joe
yes; One doesn't need to provide evidence to prove one's innocence. The accuser needs to provide evidence to prove guilt. One IS innocent until proven guilty. The onus is on the accuser to provide evidence, not on the accused to prove his/her innocence.
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Jul 13, 2015 03:35am
Can voice sample be manipulated? Needs comment from any communication expert.
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Jul 13, 2015 03:36am
@Ali
Because the onus is on the accuser to prove the crime, not on the innocent to prove his innocence. You can't require someone to give his voice sample to prove they are innocent. They ARE innocent until it can be proved that they aren't.
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Jul 13, 2015 03:46am
@eddied
Because an innocent person should not have to prove his innocence. The accuser is the one who has to provide evidence or else it is a false accusation - which it pretty much is at this point.
What you are saying is that anybody can accuse anyone of any crime and now the onus is on the accused to go out and defend themselves and disprove the accusation. Sorry, that is not justice or even common sense.
If you accuse someone, better have solid evidence or else it is just a false accusation. Infact, the one making false accusations and isn't able to provide any evidence is the one who should be punished.
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Jul 13, 2015 03:46am
Evidence of voice sample has been provided and thus needs a voice sample of his voice.
If he is not guilty than he should provide.
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Jul 13, 2015 03:48am
Since 2008 india claimed it already had the voice samples. Their defense is unraveling by the minute.
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Jul 13, 2015 04:12am
@Aslam Going by your logic .... if police comes to you and says we want to strip and cavity search you because we believe you are guilty of a crime. Your reply when you know you are innocent would be ... Yes go ahead do what ever you want OR bring some evidence against me before I let you do anything. You are innocent until proven guilty not the other way round. Remember that.
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Jul 13, 2015 04:28am
No surprise there :)
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Jul 13, 2015 04:54am
It can be deduced very clearly why he does not want to provide voice samples. If Pakistan really mourns Peshawar victims it should give his voice samples. Else there will never be trust or peace between both countries.
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Jul 13, 2015 05:34am
@Erik Some of the commentators here have no clue of the judicial process. The voice evidence provided by India needs to be matched with the voice sample to be provided by the accused. The law doesn't permit for the authorities to extract a voice sample without the consent of the accused. So in summary there needs to be two samples, one being the evidence from the day of the crime and the other being the sample recorded so both can be matched using forensic technology
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Jul 13, 2015 06:00am
With new computer system, anyone can change sound tracks of their choice. Anyone can manufacture sound tracks if they have a sample available.
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Jul 13, 2015 06:08am
Pakistani commentors here seems to justify this as tit for tat action against samjotha train.Please note all those involved, including colonel, are languishing in Maharashtra jail for many years and facing trial. They were never let free once on any flimsy ground like the way lakhvi and hafeez sayed do in Pak. Lakhvi refusing voice samples is clear sign of indictment in the incident.
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Jul 13, 2015 06:18am
@Satt why you want to match. give us his voice recording and we will match.
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Jul 13, 2015 09:06am
“My client has refused in the past and will refuse again, said Abbasi" This is only a comments expressed by the lawyer. We should wait for the official response from the Government before reaching any conclusion.
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Jul 13, 2015 10:47am
Just give the sample.
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Jul 13, 2015 11:04am
@Ali because an enemy will manipulate, distort do anything to twist the truth even if he is not guilty.
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Jul 13, 2015 11:09am
@AsjadAhmad in that case, give what you Indians have to Pakistan, let Pakistan investigate. But India won't do that, because then it can't doctor the information to suit its outcome.
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Jul 13, 2015 11:12am
If our government was as persistent in resolving Kashmir issue with Pakistan, these incidents would not happen and there would be no issues.
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Jul 13, 2015 11:30am
@Private eye well said. Indians should not live in denial, but accept reality. They should know, until kashmir UN plebiscite does not happen, this is the state of affairs forever.
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