In this picture taken on November 27, 2008, flames rush out of the Taj Mahal Hotel in Mumbai, during an attack by militants. — Photo by AFP/File

ISLAMABAD: Islamabad has told New Delhi that recently obtained evidence of the Mumbai attacks is inadmissible in court because Pakistanis were not allowed to cross-examine Indian officials, a Pakistani lawyer said Wednesday.

The Pakistani interior ministry wrote formally to the Indian government after a court rejected the evidence in July on the basis that the Pakistanis could not question Indian officials, prosecutor Chaudhry Zulfiqar told AFP.

The letter is likely to aggravate New Delhi, which has branded Pakistan’s attempts at prosecuting seven alleged conspirators a “facade” and has insisted it has already handed over enough evidence to convict the accused.

Pakistan charged the seven men over the 2008 Mumbai attacks in 2009, but insists it needs to gather more evidence in India before proceeding further.

“Defence lawyers were not given an opportunity to cross examine Indian officials,” said Zulfiqar, who headed the judicial commission’s visit in March.

Pakistan wanted Mohammed Ajmal Amir Kasab, who is the sole surviving gunman from the attacks and sentenced to death in India, to testify, but he was not included among the interviewees requested by the panel.

The Pakistani commission recorded the statements of Indian investigators, doctors who performed autopsies and the magistrate who took Kasab’s confession.

India blames Pakistani militants from Lashkar-e-Taiba (LeT) of carrying out the attacks that killed 166 people, with support from “elements” in the Pakistani military.

Pakistan has admitted that the attacks were planned partly on its soil, but flatly denies any official involvement.

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Comments are closed.

Comments (18)

Malak Ghulam
August 1, 2012 4:24 pm
All that has been said is true. But evidence come in many forms. If all the evidence fall apart that needs to be mentioned. If evidence do not fall apart but lack validation and verification from other sources that needs to be mentioned. In cases like these either a Third Party a master or Guru in investigation or your own top level people who can thing clearly without any bias they need to do a complete analysis. While Globally Pakistan is known to have caused several Terrorism Headlines; India and its own population have issue with its government. The Mao terrorist, the sikh agitators, the lower cast dalits etc all are under major pressure to get some relief from its Central Government. Please do Open your Eyes and Smell the Coffee; you need to dig deeper to find the complete answer.
Sam
August 1, 2012 4:27 pm
You're not a terrorist unless you're convicted of charges of terrorism. Pakistani courts can't lock up people w/o going through due process.
Deepak Anand
August 1, 2012 2:54 pm
Very sad news for us indeed. I m pro peace man like any normal human being irrespective of country n religion. But then this was expected , I doubt that mr hafeez can be booked in present pak multipolar power division. he is a cult figure there. But wat option we got, just go ahead with it. I remember mr bhutto's famous saying to bleed india by thousand cuts. chal yar ik hor sai. Never mind, God bless all of viewers reading Dawn. May god bless all n peace prevail...all around
zoro
August 1, 2012 2:46 pm
Its typical Pakistani metality ... DENY DENY DENY !!!! ... and then they really start beliving that as true... till the time they learn the lesson hard way ... Time has come !!!!
umesh
August 1, 2012 11:56 am
Ostrich Policy never helps in the long run.......Accept presence of negative elements...........fix them..........for own anf everyones goos and .................and whole world will move on................
Cyrus Howell
August 1, 2012 11:17 am
India may have been attacked FROM Pakistan, but I doubt it was attacked BY Pakistan. It was probably attacked by the Insanely Mad squared.
Cynical
August 1, 2012 11:36 am
Just like 9/11 was not done BY Afghanistan, but FROM a base in Afghanistan.
NASAH (USA)
August 1, 2012 11:30 am
There goes into the gutter Pakistan India reconciliation -- there are so many centers of gravity in Pakistan working independently from each other and opposite to each other -- it is impossible for foreign countries to deal with proper law and order authorities when Pakistan citizens are involved in murder and mayhem in foreign countries. The Pakistani courts are another safe haven for Pakistani terrorists. It is as if nobody is in-charge or everybody is in-charge of everything.
Saad (DXB)
August 1, 2012 11:22 am
Thank you... At least someone is using his head in Pakistan. No evidence is allowed admissible in court till the defence team is allowed to cross examine the witnesses, investigation officers and the accused.
Solomon2
August 1, 2012 12:42 pm
"No evidence is allowed admissible in court till the defence team is allowed to cross examine the witnesses, investigation officers and the accused." That doesn't excuse Pakistan's failure to evaluate forensic evidence. Two thumbs down, Pakistan.
Seedoo
August 1, 2012 12:36 pm
While I completely understand your comments, I must ask you one question: Do you Indians believe in due process?. I am sorry, but not allowing Indians to be cross examined and not allowing Ajmal Kassab to be interviewed had jeopardized the case righgt from the beginning.
jai
August 1, 2012 5:06 pm
Well No Problem, we will play Cricket and u can come and play with our people life. Shame on Indian politicians
Jawwad
August 1, 2012 5:53 pm
Name a single country in the world where a Judge will prosecute an accused on hearsay? Do you have common sense of how any judicial system work? We know and we acknowledge the attackers came from Pakistan. If your Govt is interested in reaching to a conclusion of that sordid episode then work with Pak Govt and allow their team to visit the accused and all others involved. Just how can any court accept a statement from Pak Officials who have never visited accused but were documents by Govt of India. What you should be saying that Indian Govt is not really interested in trial but more interested in point scoring on 166 dead bodies. Take it up with your Govt. We are taking our Govt to the task if you have watched any recent Pak TV station you would know.
Ajaya K Dutt
August 1, 2012 7:26 pm
Evil acts were planned and executed from Pakistan. It can be prosecuted based on the evidence available in Pakistan; only if "it" wants to.
Ashfaq Muhammad
August 1, 2012 8:07 pm
Let me get this straight....Basically, India doesn't want to resolve this issue through court...She wants to continue this as an excuse to have leverage over Pakistan.
PNP
August 1, 2012 8:35 pm
Sir, do you remember how within 24 hours of the Chinese request to take actions against the Pakistani terrorists operating in Chinese territory was satisfied? ' Due process' is oxymoron for being hipocratic.
murty ganti
August 2, 2012 2:55 am
Yeah right, US cannot prosecute accused 911 fraternity because they cannot cross examine their buddies in afghanistan. We cant prosecute Himmler because we couldnot cross examine Hitler. I expected a nation to rise above the pettiness of its idealogies and politics but in the case of Pakistan it cannot, because the core of the problem is there is no nation state in there but a bunch of self driven communities, but armed with thermonuclear weapons which the US allowed them to have to balance India and Russia.
srini
August 2, 2012 3:30 am
Pakistan will get back with interest for this and other terrorist activities in the future. The new generation of Indians are growing up watching all the atrocities, murder and terrorism committed by Pakistan. I can say they are growing with a great amount of hatred towards Pakistanis and rightfully so. They will pay back with interest in the future.
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