Thursday, July 19, 2012

Kasab lives to laugh here – while Lakhvi gets reprieve over there.


India is a democracy and Pakistan is controlled by its Military – and both benefit Pakistan……

In Nov 2008 in the hour of shame and disaster, there were coordinated shooting and bombing attacks across Mumbai by terrorists who were trained and came from Pakistan.  Many Police officers fought valiantly and could succeed in capturing one of the heavily armed terrorists alive -  Ajmal Kasab, who  later confessed upon interrogation that the attacks were conducted with the support of Pakistan's ISI.  In Jan 2009, Pak Govt  officially accepted that Kasab is a Pakistani citizen. On 3 May 2010, an Indian court convicted him of murder, waging war on India, possessing explosives, and other charges. On 6 May 2010, the same trial court sentenced him to death on four counts and to a life sentence on five other counts. Kasab's death sentence was upheld by the Bombay High Court on 21 February 2011.

Anywhere else Kasab would not be living – would even have been executed with a trial.  Indian democracy has conducted the trial in the most fairest of means, providing him not only legal aid but also grand food and shelter.  There were reports of him being provided with non-vegetarian food, which actually is not allowed inside prison.   Only recently, Mumbai Police reportedly raised objection to there being special cooks in Arthur Road jail for feeding this criminal.

Many newspaper reports suggest that the  Maharashtra Government has spent over Rs. 25 crores to keep  Kasab alive since he was captured in 2008.  State Home Minister RR Patil divulged the details of expenses -  the huge burden to the exchequer.  While the Government has spent Rs. 5,25,00,000 on his high security cell at Mumbai's Arthur Road jail, his security entrusted to the Indo Tibetan Border Police (ITBP) has cost the state over Rs. 19 crores.

Zaki ur Rehman Lakhvi is a founding member of Lashkar-e-Taiba. In 1999 at a three-day annual congregation held at Muridke, he explained the reason for fidayeen suicide squad missions in the aftermath of the Kargil War: -  Fidayen missions were initiated to teach India a lesson as they were celebrating after the Kargil war.  It is stated that Lakhvi also oversaw Azam Cheema, who has been accused of being a leader in the 2006 bombing of the Mumbai rail network that killed more than 200 and left 700 injured. In May 2008, the US Treasury Department announced that it had frozen the assets of four Lashkar-e-Toiba leaders including Lakhvi.  In Dec 2008, Indian officials named him as one of four possible major planners behind the November 2008 Mumbai Attacks.  He was arrested later in Pakistan, the Govt.  confirmed the arrest but refused to hand over any of its citizens to Indian authorities

Now there is legal reprieve for Lakhvi in Adiala Jail as Pakistan court throws out 26/11 panels report.  It is reported that an anti-terrorism court in Pakistan rejected the findings of the judicial commission that visited India for investigations into the 2008 Mumbai terror attacks, terming the probe report a waste of time on the grounds that its members were not allowed to cross-examine the witnesses.

The ruling of the Rawalpindi based court, which is a setback to the prosecution of the seven terror suspects charged with involvement in Mumbai attacks, came during the hearing of a petition filed against the investigation report of the judicial commission by the accused in the case. Judge Chaudhry Habib-ur-Rehman in his order said that all proceedings and the report of the judicial commission were unlawful, emphasizing that the commissions report, including statements of the witnesses, cannot be used against the accused arrested in Pakistan without giving them the right to cross-examination.  The counsel of  Lashkar-e-Taiba commander had earlier argued before the court that the Indian authorities did not allow the defence counsel to interrogate the witnesses;hence the report holds no legal importance.

It is a Commission appointed by Pak Govt, legally empowered one, which was allowed to travel to India and submitted their investigation report and their own court is consuming that to dust bin.  The chief prosecutor who led the eight-member judicial commission to India, told the court that another commission could be sent to India after ensuring that it would be allowed to cross-examine the four witnesses.  How and why should India keep allowing more and more panels and what is sought to be achieved by such spineless bodies.  

India has such a fine judicial process and even normally any Country should accept evidence from the judicial process of another country as long as the Country is not ruled by a dictator.  Indian Government has extended the judicial process to make the World observe that the trial is without prejudice and sure no more bending is required, just because some Court in Pakistan finds it convenience not accept the findings.  How can you expect anything better from a Pak Court which is not prepared to accept a report made out by their own legal Commission that too after travelling to India.  

Now that the judicial process is over, when will the perpetrators be brought to book and face the harsh punishments they deserve

With regards – S. Sampathkumar.

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