ISLAMABAD: Though the government has hired two senior lawyers as the special prosecutors in the Mumbai attack case, it seems ‘unable’ to compensate them.

Both the Lahore-based lawyers, Misbahul Hassan Qazi and retired Justice Akram Qureshi, have demanded Rs60 million as fees but the prosecution agency — the Federal Investigation Agency – could offer only Rs1 million to each of them, sources in the prosecution told Dawn.

After the November 26, 2008, Mumbai attacks, the government of Pakistan arrested seven alleged facilitators of the attackers. They were: Zakiur Rehman Lakhvi, the alleged mastermind; Abdul Wajid, Mazhar Iqbal, Hammad Amin Sadiq, Shahid Jameel Riaz, Jamil Ahmed and Younus Anjum.

However, the trial of the suspects is pending in the Anti-Terrorism Court (ATC). The Indian government used to criticise Pakistan for the slow progress in the trial proceeding and its criticism increased after the release of Lakhvi on bail in December last year.

In January this year, the government started a search for new prosecutors to expedite the case.

The newly-hired prosecutors have started appearing before the ATC but the problem started when they forwarded to the FIA the claims of their fees amounting to Rs30 million each. But the FIA offered Rs1 million to each of the lawyers, the sources added.

Lahore-based lawyers Misbahul Hassan Qazi and retired Justice Akram Qureshi have recently been hired in Mumbai attack case

Subsequently, the matter was forwarded to the interior ministry which upheld the FIA’s offer and expressed inability to pay the amount, a senior official of the ministry said. He said it was almost impossible for the ministry to arrange the amount.

The case was then forwarded to the ministry of law and justice, the sources in the FIA claimed. According to the sources, the ministry of law can ask the finance ministry to release the amount.

When contacted, Ashtar Ausaf, the prime minister’s special assistant on law and justice, said so far he had not seen any file related to the compensation of the Mumbai attack case prosecutors.

“The ministry of law would deal with the matter strictly in accordance with rules,” Mr Ausaf said.

The sources said the FIA was reluctant to pay Rs60 million to the lawyers as the Mumbai attack case was in the final stage now.

Over 60 witnesses have been examined so far and there are about 15 more to be testified, the sources said.

The sources claimed that in addition to Rs1 million, the government had recently offered Rs35,000 per day as TA/DA to each of the newly-appointed prosecutors.

When Dawn contacted advocate Qazi, he confirmed that he and his fellow lawyer had been appointed as the special prosecutors in the Mumbai attack case.

He said there was no issue at their end and he could not comment if there would be some ambiguity at some other end. “You may better ask the ministry or other relevant forums in this regard,” he added.

“We are committed with this case as this is a very sensitive matter of national importance which entails the international significance as well,” he said.

“We have examined the case and found some discrepancies during the investigation conducted by the Indian officials,” he added. The government has informed India about the shortcomings in the investigation,” he claimed.

When asked whether the government was willing to pay the prosecutors the fee they had demanded, advocate Qazi said he did not want to comment on the matter. “I don’t think it is an issue at all,” he replied.

It may be noted that the special prosecutors are in addition to the two already engaged to pursue the case in the ATC. They are: Mohammad Azhar Chaudhry and Syed Abuzar Husnain Pirzada.

Advocate Pirzada was appointed after the murder of special prosecutor Chaudhry Zulfiqar Ali.

Ali was gunned down near his residence in Sector G-9 while going to appear in the ATC in connection with the Benazir Bhutto murder case.

Published in Dawn, August 1st, 2015

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