26/11: Pak judicial commission hits roadblock in Mumbai

Pakistan's judicial commission, which arrived in Mumbai on Thursday, will record the statements of witnesses in connection with 26/11 Mumbai terror attack case today and on Saturday. Rediff.com's Toral Varia Deshpande, who is tracking the commission, reports that the defence lawyers of the panel are prepared to make one last ditch to 'cross examine' the witnesses. 

While Pakistan's judicial commission starts off on its mission to collect evidence against 26/11 Mumbai terror attack perpetrator Zaki-ur-rehman Lakhvi and his co-conspirators by recording the statements of the 4 important witnesses, the 'cross examination' of these witnesses is becoming the bone of contention within the commission members.

Rediff.com has learnt that after several rounds of communications and deliberations, India and Pakistan had come to an in-principle agreement on general line of questioning and the functioning of the commission.

One of the key clauses agreed by Pakistan was that 'India will not allow the cross examination of any witnesses'. However, India will allow examination-in-chief (recording of statements) of the witnesses.' 

According to the defence lawyers accompanying the Pakistani

special public prosecutors, this clause completely defeats the purpose of the set legal process in Pakistan.

What's more, they fear they will end up opposing the evidential value of the statements, thereby rendering this whole exercise futile. 

Fahad Sher, one of the eight members of the commission told rediff.com, "We are going make a final ditch effort to cross examine the witnesses. So far we have been denied permission by the MEA to do so. The defence will make this request to the Indian judge presiding the hearings."

Advocate Khwaja Harris Ahmed, defence lawyer for Zaki-ur-Rehman Lakhvi said, "There is a reason why we defence lawyers are a part of the commission. What's the point if we don't get to cross examine the witnesses? We have come here with the intention to cross examine the witnesses?"

The defence lawyers will later in the day file an application before the chief metropolitan magistrate seeking permission to cross-examine the witnesses. The chief metropolitan magistrate is the Indian representative in the Pakistani judicial commission. It is in his court that the proceedings will take place in the next few days.

In case their application is rejected, there are chances that the lawyers of the commission will boycott the proceedings