Pak SC issues notice to govt asking response on Lakhvi's plea

M Zulqernain
Lahore, Apr 19 (PTI) Pakistan's Supreme Court has
issued notice to the federal government to respond by April 21
to a petition filed by Lashker-e-Taiba commander Zakiur Rehman
Lakhvi seeking his acquittal in the Mumbai attacks case.
In his petition filed on April 7, Lakhvi sought his
acquittal on the ground that the prosecution had no evidence
linking him to the 2008 Mumbai terror attacks barring the
"retracted" confession of Ajmal Amir Kasab, the lone attacker
arrested by Indian authorities.
Lakhvi also asked the apex court to restrain an
anti-terrorism court and the prosecution from using Kasab's
confessional statement as evidence against him.
The petition will be heard by the Rawalpindi bench of
the apex court on April 21.
The LeT commander's counsel Khwaja Sultan contended
that the prosecution had not levelled any allegation about
Lakhvi's "connection or interaction" with any of the six
co-accused and others persons allegedly involved in the Mumbai
carnage.
"The investigation of the case is based on the alleged
confession of Kasab, who is in Indian custody. Neither has any
witness supported Kasab's statement nor has Lakhvi been
accused of providing training to the terrorists involved in
the attacks," Sultan told PTI.
"The prosecution, in their chargesheets, maintained
that (Lakhvi) was a commander of the LeT but could not
establish his link with the accused in the Mumbai attacks.
Under article 43 of Qanoon-e-Shahadat Order (Pakistan's law of
testimony), the confessional statement of an accused can be
used against his co-accused only if they are being tried
jointly," Sultan added.
He further pointed out that Kasab's name was never
mentioned in the chargesheets submitted against Lakhvi.
"Therefore, the statement of Kasab cannot be used
against Lakhvi," Sultan contended.
Meanwhile, the prosecution has filed a separate
petition in the Lahore High Court challenging the
anti-terrorism court's decision not to declare Kasab and Fahim
Ansari, another suspect arrested by Indian authorities, as
"proclaimed offenders" or fugitives.
This petition is yet to be taken up by the High Court.
Lakhvi and six other suspects – Zarar Shah, Hamad Amin
Sadiq, Abu al-Qama, Shahid Jamil Riaz, Jamil Ahmed and Younas
Anjum – are being tried by a Rawalpindi-based anti-terrorism
court for allegedly planning and facilitating that Mumbai
attacks that killed 166 people. PTI MZ
RBT