26/11: Centre won’t allow cross-questioning by Pak panel

In October,an application was filed before the Rawalpindi anti-terror court in Adiala Jail seeking permission to allow a commission to visit India to record the testimony of key Indian witnesses and officials for the trial in Pakistan against seven Lashkar men allegedly involved in the 26/11 attack. A formal request was also sent to New Delhi. The Centre is yet to reply.

According to sources,the government will soon file an application before the Bombay High Court seeking permission to grant the Pakistani commission access to the officials. “If the High Court gives its permission,the depositions before the commission from Pakistan could take place anytime this month or in January. The modalities are being worked out,but the commission will only be allowed access to senior police inspector Ramesh Mahale and Additional Chief Metropolitan Magistrate R V Sawant Waghule. This is likely to take place in Mumbai,” said an official,speaking on condition of anonymity. Mahale is the investigating officer in the 26/11 case,while Waghule is the magistrate who recorded Pakistani gunman Ajmal Kasab’s confession in February 2009.

“The testimonies provided by the police officer and the magistrate before the commission will be identical to their depositions before the 26/11 trial court here and both will be careful not to stray from their earlier depositions. The Centre will specify that access to these two officials will only be granted if their statements are recorded without any cross-examination,” said the official.

The Mumbai Police were initially jittery about the Centre allowing any such depositions as they feared that any controversial points arising out of cross-examination would affect the confirmation of Kasab’s death sentence.