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ISLAMABAD: The November 21 hanging of Ajmal Kasab in India has removed from the equation a key witness against Zakiur Rehman Lakhvi and six other operatives of the Lashkar-e-Taiba (LeT) who are being tried by an Anti-Terrorism Court (ATC) in Rawalpindi for their alleged involvement in the 26/11 Mumbai terror attacks.
The defence lawyers of the accused are quite hopeful that with the hanging of Ajmal Kasab, who was in fact the only piece of evidence against the under-trial militants, all the seven suspects now stand a bright chance of getting the benefit of doubt to get off the hook.
The defence lawyers point out that it is mandatory as per legal requirement that the accused corroborate the evidence presented in the court, which has become impossible after Ajmal Kasab’s hanging. Kasab had named Zakiur Rehman Lakhvi as his trainer as well as the principal mastermind of the attacks. According to Shahbaz Rajput, one of the defence lawyers of Lakhvi and his aides, the Indian government’s decision to send Kasab to the gallows was tantamount to executing the only piece of evidence against the accused.
The defence team of the alleged Mumbai attackers had sought Ajmal Kasab’s statement — either by way of his appearance in court in Pakistan or by way of access which India could have given. The Rawalpindi trial court had allowed the same so that Kasab could be examined and cross-examined according to Pakistani law to decide the involvement of Lakhvi and his aides. The defence lawyers of the alleged attackers say the case against them was already very weak because the prosecution has not been able to bring any strong material evidence on the table, adding that Kasab’s statement was the best bet of the prosecution. However, they add that with Kasab already gone, their best bet has also gone with the wind.
While the trial of Kasab took four years to conclude and culminated in his hanging on the eve of the fourth anniversary of the Mumbai carnage, the trial of Zakiur Rehman Lakhvi alias Chacha Jee and his six alleged accomplices is progressing at snail’s pace at the Adiala Jail in Rawalpindi and is not expected to conclude in the near future.
The sluggish pace at which the trial is progressing can be gauged from the fact that the Rawalpindi ATC had consumed a full year in framing charges against the accused. Most of the accused were arrested from the Muzaffarabad headquarters of the Lashkar-e-Taiba in December 2008 while a case was formally registered in Pakistan on February 15, 2009.
The first charge sheet against the accused was filed on May 5, 2009 in the Rawalpindi ATC under Justice Sakhi Muhammad Kahut. However, on May 23, 2009, when the ATC was set to formally indict the accused, Justice Kahut’s tenure expired. The government had appointed Justice Baqir Ali Rana in his place. But five months later, on October 21, 2009, Rana expressed his inability to continue with the proceedings. Those close to him claimed that Justice Rana quit because the lawyers representing the accused boycotted court proceedings in protest against his attempt to formally charge the seven suspects in their absence.
It was on November 25, 2009 that Justice Malik Akram Awan had formally indicted the seven LeT suspects for their role in the 26/11 attacks. While Zakiur Rehman Lakhvi was described as the “mastermind” of the attacks in the charge sheet, Abdul Wajid alias Zarrar Shah was described as a “facilitator and expert of computer networks”. Hammad Amin Sadiq was charged with “facilitating funds and hideouts” to the 26/11 attackers, Mazhar Iqbal alias Abu al Qama was described as “handler”. Shahid Jamil Riaz was declared both facilitator for funds, as well as a crew member of the boat named Kuber which was allegedly used by the attackers to travel from Karachi to Mumbai. The remaining two accused — Jamil Ahmed and Yousuf Anjum — were described as “facilitators” in the charge sheet. The seven accused had been accused of planning, designing, instigating and providing the required aid and abetment to the 26/11 attackers through common intention. They allegedly provided funds, arms, bombs, grenades and other items such as life jackets, inflatable boats, Yamaha motor boat engine, cell phones, GPS, as well as pumps to reach India.
The accused has further been charged with setting up training camps at the Yousuf Goth area in Karachi and Mirpur Sakro in Thatta and training Ajmal Kasab and his nine accomplices. Jamil, Yousuf and five absconders — Usman Zia, Mukhtar Ahmed, Javaid Iqbal, Ghufran Zaffar and Abbas Nasir — had been accused of providing a sum of Rs398,722 to Shahid Jamil Riaz through cheque No2338-2 of MCB Bank, Drigh Road branch, Karachi, in the account No 2464-0 of Ammad Amin Sadiq at ABL, Drigh Road, Karachi. Jamil was also accused of obtaining a SIM card from Thuraya satellite phone in Jeddah and giving it to the 26/11 attackers.
However, as soon as formal charges were framed against Lakhvi and six others, Justice Akram Awan was replaced by Justice Rana Nisar Ahmed, who too was shifted almost six months later on June 11, 2011 due to inexplicable reasons. A year later, on June 6, 2012, Justice Nisar Ahmed was also replaced by Justice Shahid Rafique who was transferred shortly afterwards, without any reason, and replaced by Justice Chaudhry Habibur Rehman, who is presently in charge of the case.
The Indian authorities, who have been pressing Islamabad for the last four years for an early completion of the trial, have described the transfer of almost half a dozen judges hearing the 26/11 attacks’ case as a ploy to delay the trial. But on the other hand, Interior Minister Rehman Malik claimed after Kasab hanging that it was wrong to suggest that Pakistan is not interested in bringing the culprits of Mumbai attacks to justice. He added that the process was complicated.
The defence lawyers of the accused are quite hopeful that with the hanging of Ajmal Kasab, who was in fact the only piece of evidence against the under-trial militants, all the seven suspects now stand a bright chance of getting the benefit of doubt to get off the hook.
The defence lawyers point out that it is mandatory as per legal requirement that the accused corroborate the evidence presented in the court, which has become impossible after Ajmal Kasab’s hanging. Kasab had named Zakiur Rehman Lakhvi as his trainer as well as the principal mastermind of the attacks. According to Shahbaz Rajput, one of the defence lawyers of Lakhvi and his aides, the Indian government’s decision to send Kasab to the gallows was tantamount to executing the only piece of evidence against the accused.
The defence team of the alleged Mumbai attackers had sought Ajmal Kasab’s statement — either by way of his appearance in court in Pakistan or by way of access which India could have given. The Rawalpindi trial court had allowed the same so that Kasab could be examined and cross-examined according to Pakistani law to decide the involvement of Lakhvi and his aides. The defence lawyers of the alleged attackers say the case against them was already very weak because the prosecution has not been able to bring any strong material evidence on the table, adding that Kasab’s statement was the best bet of the prosecution. However, they add that with Kasab already gone, their best bet has also gone with the wind.
While the trial of Kasab took four years to conclude and culminated in his hanging on the eve of the fourth anniversary of the Mumbai carnage, the trial of Zakiur Rehman Lakhvi alias Chacha Jee and his six alleged accomplices is progressing at snail’s pace at the Adiala Jail in Rawalpindi and is not expected to conclude in the near future.
The sluggish pace at which the trial is progressing can be gauged from the fact that the Rawalpindi ATC had consumed a full year in framing charges against the accused. Most of the accused were arrested from the Muzaffarabad headquarters of the Lashkar-e-Taiba in December 2008 while a case was formally registered in Pakistan on February 15, 2009.
The first charge sheet against the accused was filed on May 5, 2009 in the Rawalpindi ATC under Justice Sakhi Muhammad Kahut. However, on May 23, 2009, when the ATC was set to formally indict the accused, Justice Kahut’s tenure expired. The government had appointed Justice Baqir Ali Rana in his place. But five months later, on October 21, 2009, Rana expressed his inability to continue with the proceedings. Those close to him claimed that Justice Rana quit because the lawyers representing the accused boycotted court proceedings in protest against his attempt to formally charge the seven suspects in their absence.
It was on November 25, 2009 that Justice Malik Akram Awan had formally indicted the seven LeT suspects for their role in the 26/11 attacks. While Zakiur Rehman Lakhvi was described as the “mastermind” of the attacks in the charge sheet, Abdul Wajid alias Zarrar Shah was described as a “facilitator and expert of computer networks”. Hammad Amin Sadiq was charged with “facilitating funds and hideouts” to the 26/11 attackers, Mazhar Iqbal alias Abu al Qama was described as “handler”. Shahid Jamil Riaz was declared both facilitator for funds, as well as a crew member of the boat named Kuber which was allegedly used by the attackers to travel from Karachi to Mumbai. The remaining two accused — Jamil Ahmed and Yousuf Anjum — were described as “facilitators” in the charge sheet. The seven accused had been accused of planning, designing, instigating and providing the required aid and abetment to the 26/11 attackers through common intention. They allegedly provided funds, arms, bombs, grenades and other items such as life jackets, inflatable boats, Yamaha motor boat engine, cell phones, GPS, as well as pumps to reach India.
The accused has further been charged with setting up training camps at the Yousuf Goth area in Karachi and Mirpur Sakro in Thatta and training Ajmal Kasab and his nine accomplices. Jamil, Yousuf and five absconders — Usman Zia, Mukhtar Ahmed, Javaid Iqbal, Ghufran Zaffar and Abbas Nasir — had been accused of providing a sum of Rs398,722 to Shahid Jamil Riaz through cheque No2338-2 of MCB Bank, Drigh Road branch, Karachi, in the account No 2464-0 of Ammad Amin Sadiq at ABL, Drigh Road, Karachi. Jamil was also accused of obtaining a SIM card from Thuraya satellite phone in Jeddah and giving it to the 26/11 attackers.
However, as soon as formal charges were framed against Lakhvi and six others, Justice Akram Awan was replaced by Justice Rana Nisar Ahmed, who too was shifted almost six months later on June 11, 2011 due to inexplicable reasons. A year later, on June 6, 2012, Justice Nisar Ahmed was also replaced by Justice Shahid Rafique who was transferred shortly afterwards, without any reason, and replaced by Justice Chaudhry Habibur Rehman, who is presently in charge of the case.
The Indian authorities, who have been pressing Islamabad for the last four years for an early completion of the trial, have described the transfer of almost half a dozen judges hearing the 26/11 attacks’ case as a ploy to delay the trial. But on the other hand, Interior Minister Rehman Malik claimed after Kasab hanging that it was wrong to suggest that Pakistan is not interested in bringing the culprits of Mumbai attacks to justice. He added that the process was complicated.
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