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Mumbai attacks trial

TARIQ KHOSA UPDATED a day ago

THE Mumbai terror attacks were claimed by India to be its

9/11. For more than 66 hours, 10 highly trained militants
played havoc in Indias commercial metropolis, spraying
bullets and shedding the blood of innocent civilians and
tourists in November 2008, bringing the two nuclear
neighbours to the brink of an all-out war.
In Ufa, Russia on July 10, 2015, both the prime ministers of
Pakistan and India were prepared to discuss all
outstanding issues, and both the leaders condemned
terrorism in all its forms and agreed to cooperate with
each other to eliminate this menace from South Asia.
Therefore, we in Pakistan should welcome this
development wholeheartedly.
Didnt we suffer the pain and agony of our own 9/11 on Dec
16, 2014, at the hands of the Tehreek-i-Taliban Pakistan

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16, 2014, at the hands of the Tehreek-i-Taliban Pakistan

and its surrogates and arent we as a nation determined to
root out terrorism in all its forms from our soil? The
answer is obviously a resounding yes and I have no doubt
that the political and security leadership have resolved to
eliminate the scourge of terrorism, militancy and
extremism through the counterterrorism National Action
Plan. The duality and distinction between good and bad
Taliban, including all militants and terrorists, should stand
removed from Miramshah to Muridke, from Karachi to
Quetta.
Against this backdrop, the agreement between PMs Sharif
and Modi in Ufa to approve the meeting of their national
security advisers to discuss all issues related to
terrorism was a welcome development. Pakistans
concerns in respect of the botched investigation into the
Samjhauta Express bombing and alleged covert support to
the Baloch insurgency as well as reported terror financing
both in Karachi and Fata by Indian and other foreign
agencies should not only be highlighted but concrete
evidence presented to put a stop to such means of nonkinetic warfare resorted to by sleuths from both sides to
further their so-called national interests.
There are very knowledgeable and competent professionals
with investigation and intelligence background in Pakistan
who can meet the Indian security officials and talk as
professionals. They too have many skeletons in their
cupboards. So why fight shy? Let both India and Pakistan
admit their mistakes and follies and learn to co-exist while
trying to find solutions to their thorny issues through
peaceful means.

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peaceful means.

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Pakistan has to deal with the Mumbai mayhem, planned

and launched from its soil. This requires facing the truth
and admitting mistakes. The entire state security
apparatus must ensure that the perpetrators and
masterminds of the ghastly terror attacks are brought to
justice. The case has lingered on for far too long. Dilatory
tactics by the defendants, frequent change of trial judges,
and assassination of the case prosecutor as well as
retracting from original testimony by some key witnesses
have been serious setbacks for the prosecutors. However,
cognizance was taken by the Islamabad High Court which
directed the trial to be concluded within two months.
The following facts are pertinent. First, Ajmal Kasab was a
Pakistani national, whose place of residence and initial
schooling as well as his joining a banned militant
organisation was established by the investigators. Second,
the Lashkar-e-Taiba (LeT) terrorists were imparted
training near Thatta, Sindh and launched by sea from
there. The training camp was identified and secured by the
investigators. The casings of the explosive devices used in
Mumbai were recovered from this training camp and duly
matched. Third, the fishing trawler used by the terrorists
for hijacking an Indian trawler in which they sailed to
Mumbai, was brought back to harbour, then painted and
concealed. It was recovered by the investigators and
connected to the accused. Fourth, the engine of the dinghy
abandoned by the terrorists near Mumbai harbour
contained a patent number through which the
investigators traced its import from Japan to Lahore and
then to a Karachi sports shop from where an LeT-linked

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then to a Karachi sports
shop from where an LeT-linked

militant purchased it along with the dinghy. The money

trail was followed and linked to the accused who was
arrested. Fifth, the ops room in Karachi, from where the
operation was directed, was also identified and secured by
the investigators. The communications through Voice over
Internet Protocol were unearthed. Sixth, the alleged
commander and his deputies were identified and arrested.
Seventh, a couple of foreign-based financiers and
facilitators were arrested and brought to face trial.
After an exchange of multiple investigation dossiers with
the Indian police authorities, the trial court was requested
to give approval to obtain voice samples of the alleged
commander and his deputies for comparison with the
recorded voices. The court ruled that the consent of the
accused should be obtained. Obviously, the suspects
refused. Then a plea was submitted before the sessions
court to authorise the investigators to take the voice
samples despite the lack of consent. The plea was denied
on account of there being no such provision in the
Evidence Act or the antiterrorism law applicable at that
time. The investigators then went in appeal before the
High Court. That appeal, I believe, is still pending. The Fair
Trial Act, 2013 caters for admissibility of such technical
evidence. However, its application with retrospective
effect is a moot point.
The Mumbai case is quite unique: one incident with two
jurisdictions and two trials. While the Indians managed to
nab Ajmal Kasab and were able to obtain his confession to
close the trial, proving conspiracy in a different
jurisdiction is more complex and requires a far superior
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quality of evidence. Therefore, the legal experts from both

sides need to sit together rather than sulk and point
fingers.
Indian interlocutors, engaged during the talks between the
then prime ministers of India and Pakistan in Egypt in
2009, had conceded that the Pakistani investigators had
done a professional job in the indictment of seven
perpetrators of the attack. However, the Pakistani
authorities should not forget that the FIA declared various
other facilitators and operatives as fugitives in the case.
The trial will not be over with the disposal of those under
arrest or on bail. Other missing links need to be uncovered
after the absconders arrest.
This case will not be over soon.
Are we as a nation prepared to muster the courage to face
uncomfortable truths and combat the demons of militancy
that haunt our land? That is the question!
The writer is former DG, FIA.
Published in Dawn, August 3rd, 2015
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