ISLAMABAD: A division bench of Islamabad High Court (IHC) on Tuesday summoned the record of Mumbai attacks case proceedings pending before the anti-terrorism court (ATC) in two weeks.

The division bench sought the record while hearing an appeal filed by Federal Investigation Agency (FIA) seeking cancellation of the post-arrest bail of Zakiur Rehman Lakhvi, the alleged mastermind of the attacks.

An ATC in Islamabad had on Dec 18, 2014, granted the post-arrest bail to Lakhvi.

In the appeal against the ATC judge’s order, the FIA said: “The fact remains that such like cases of defunct terrorist organisations are not so easy to be conducted and especially the prosecution in such cases is the most difficult job in our country for the last many years.”

It added: “In the present case, the learned trial judge (of ATC) after the terrorist attack in Islamabad courts (of March 2013) refused to visit Adiala Jail for a long time due to security reasons.

“Even the prosecutors of this case have been receiving threats through cell phones during the proceedings which were duly conveyed to the concerned authorities. The witnesses are also not secured, and reluctant to depose against the accused persons in the given situation.”

Take a look: ATC summons last 2 Pakistani witnesses in Mumbai attacks case

The appeal pointed out that the confessional statement of Ajmal Kasab, the lone terrorist arrested by Indian authorities after the Mumbai attacks, was still part of the evidence and it was at no stage discarded and that statement clearly established Lakhvi’s link to Mumbai attacks.

The prosecution claimed that it had sufficient evidence against Lakhvi and requested the court to cancel his bail.

The counsel for the accused person argued before the court that the prosecution was not pursuing the case.

He said some witnesses in the case were Pakistani nationals and some were foreign citizens. The local witnesses are not appearing to testify and the ATC had issued their perpetual warrants for arrest.

Read: Lakhvi living comfortable 'detention' life in jail: BBC report

The government of Pakistan on the request of the prosecution agency had approached the Indian government to arrange testimony of 24 Indian prosecution witnesses.

The bench directed the prosecution to produce the case record and adjourned hearing till a fortnight.

Published in Dawn, April 9th, 2019