NEW DELHI: Amid Islamabad’s apparent crackdown on the designated UN terrorists, the Mumbai Attack Trial in Pakistan it appears to have run into another hurdle as the Imran Khan government did not respond to India’s offer to host a judicial commission to question witnesses in Mumbai.
Official sources said that Pakistan had ignored India’s offer to facilitate the cross-examination of the remaining 27 witnesses in the case, either by video conference or by sending a team to question the witnesses. Pakistan, by contrast, has attributed the delay in the trial to India’s refusal to send witnesses to Pakistan.
As ToI first reported on August 18 last year, the government offered to host a judicial commission after Pakistan approached India saying that witnesses must testify within 90 days according to a court directive. This had raised hopes of finally some progress in the 11-year trial that has been marred by the repeated transfer of judges and prosecutors. Subsequently, India had also asked Pakistan to prosecute Pakistani-Americans David headley for his role in the Mumbai attacks.
With individuals such as Zaki-ur-Rehman Lakhvi and Hafiz Saeed not yet brought to justice for their role in the Mumbai attacks, India has called recent actions against these designated international terrorists ridiculous. Pakistan has also refused to allow video conferences with witnesses saying that the Indian authorities could intimidate them while they are being questioned.
The Mumbai trial began after Pakistan detained seven men in 2009 who were said to be directly involved in the terrorist attack. Apart from Lakhvi, Abdul Wajid, Mazhar Iqbal, Hamas Sadie, Shahid Jameel Riaz, Jamil Ahmed and Younis Anjum face charges of complicity in the murder, attempted murder, planning and execution of the 2008 attacks. Pakistan has not hired Saeed, described by India as the mastermind, saying no there is enough evidence against him.
Lakhvi was also released on bail in 2015 after the prosecution apparently failed to present the evidence against him in court. The LeT commander has been arrested and sentenced to 15 years in prison for financing terrorism, but this has nothing to do with his role in the 11/26 attacks.
The United States also called on Pakistan on Saturday to hold Lakhvi responsible for his involvement in the 11/26 attacks.
Pakistan is currently under pressure from the global terrorism watchdog FATF to demonstrate “effective implementation” of specific financial sanctions against all UN-designated 1267 and 1373 terrorists and those acting on their behalf. The Paris-based FATF will review Pakistan’s case next month and decide whether it has done enough to avoid being blacklisted.
In raising questions about the timing of Pakistan’s actions, India had said last week that outlawed UN entities and designated terrorists were acting as proxies for the Pakistani establishment to fulfill its anti-India agenda. “It is up to the international community to hold Pakistan accountable and ensure that it takes credible action against terrorist groups, terrorist infrastructure and individual terrorists,” the Foreign Ministry said in its response.
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