Lakhvi seeks barring of use of Kasab's statement against him

M Zulqernain
Lahore, Apr 8 (PTI) Lashker-e-Taiba commander Zakiur
Rehman Lakhvi, facing trial with six others for his alleged
involvement in the Mumbai attacks, has filed a petition in
Pakistan's Supreme Court asking it to bar the prosecution from
using Ajmal Amir Kasab's confessional statement against him.
The petition was filed by Lakhvi's counsel in the Lahore
Registry of the Supreme Court Wednesday. It asked the apex
court to bar the prosecution from using Kasab's confession to
Indian authorities against Lakhvi in the trial in the
Rawalpindi-based anti-terror court.
It could not immediately be ascertained when and if the
petition would be taken up by the Supreme Court.
Lakhvi's counsel Khwaja Sultan claimed the prosecution
had not levelled "any allegation" against his client about his
"connection or interaction" with any of the co-accused and
persons allegedly involved in the Mumbai attacks of November
2008.
"The investigation of the case is based on the alleged
confession of Kasab, who is in Indian custody," Sultan said.
Though three chargesheets were filed by the prosecution,
no witness had supported Kasab's statement and Lakhvi was not
"accused of giving training to the terrorists involved in the
attack," he added.
"The prosecution, in its challan (chargesheet),
maintained that the petitioner was commander of the
Lashkar-e-Teiba but could not establish his link with the
Mumbai attacks' accused. Under article 43 of Qanoon-i-Shahadat
Order (Pakistan's law of testiomy), a confessional statement
of an accused can only be used against his co-accused if they
are being tried jointly," Sultan said.
Khwaja further claimed that Kasab's name was never
mentioned in the 'challans' submitted against Lakhvi.
"Therefore the statement of Kasab cannot be used against
Lakhvi," he said.
Lakhvi and six others – Zarar Shah, Abu al-Qama, Hamad
Amin Sadiq, Shahid Jamil Riaz, Jamil Ahmed and Younas Anjum –
are being tried for planning and facilitating the Mumbai
attacks.
The prosecution has said that Lakhvi's lawyers are
causing "unnecessary hindrances" in the trial by filing
petitions in higher courts. The hearings in the anti-terror
court have often been affected by these petitions. PTI MZ
KAB