Pak, India urged to adopt legal approach to address issues

ISLAMABAD Top legal brains including diplomats have emphasised upon India and Pakistan to adopt more professional approach purely on legal basis to address the issues in addition to the ongoing diplomatic efforts. They said this while addressing the participants of Legal Workshop on Mumbai Trial organised here at a local hotel on Friday. Peace process between the two neighbours should move forward meaningfully, as it has become obvious that India has mounted pressure to fast track the trial of Ajmal Kasab and ensure his conviction in Mumbai trial, they said. Kasab, who has been making flip-flop statements before the court in Mumbai (India) confessing to his involvement in the audacious attack that left 166 dead on November 26, 2008, is said to be the mastermind of that bone-chilling incident. The participants were of the view that Kasabs trail had its own dynamics and by virtue of due process, all the accused were entitled to raise objections and move applications in various trial courts of India. They also admitted the fact that India had not provided sufficient evidence to Pakistan in accordance with Indian law to hand over more suspects to India in the case. The so-called evidence given to Ministry of Foreign Affairs, Pakistan, is inadmissible and the confession of Kasab has been retracted, which imposed a duty on Pakistani investigators to investigate the whole saga, they stated. Meanwhile, the participants also overviewed a book consisting 208 pages prepared by Research Society of International Law Pakistan (RSIL), which consisted of facts regarding the bloody incident. A chapter was also extracted from an Indian writer, SM Mushrifs book titled Who killed Karkare, which said necessary procedural ingredients such as witnesses of recoveries made in India had not been provided to Pakistan. According to chapter, No Pakistani has been given access to Indian witnesses, which makes the case of Pakistani prosecuting agency much more difficult. Having denied Pakistan technical legal assistance to Kasab, India is mounting pressure that Pakistan is not doing enough. Likewise, the demand for extradition from Pakistan was against International Law, once the prosecution has commenced and it was an effort to put pressure on Pakistan, some of the diplomats were of the opinion. The workshop was organised by the RSIL, the only international law think tank in Pakistan. The holding of the event was timely as the ongoing trials of Mumbai suspects in both India and Pakistan, had not only resulted in the estrangement of bilateral relations but also increased the trust deficit between the two nuclear-armed states. The workshop also discussed several complex legal questions, responsibility of internationally wrongful acts of its national, mutual legal assistance and information sharing between the countries. Ahmer Bilal Sufi, Advocate Supreme Court of Pakistan and President of RSIL chaired the event. Representatives of different state and sub-state organisations, media, legal fraternity and several diplomatic missions attended the event and challenged the duration as well as the manner in which the trials were taking place.

ePaper - Nawaiwaqt