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The government on Tuesday said it was uncertain at this stage if Pakistan would hand over the 26/11 accused to India which has given 12 dossiers containing evidence of involvement of Pakistanis in the terror attacks.
Minister of state for home Gurudas Kamat said that out of the 12 dossiers handed over to Pakistan, six dossiers contain evidence about the complicity of its nationals and use of Pakistan's soil in Mumbai terror attack.
"These dossiers also contain list and details of Pakistani terrorists wanted in Mumbai terror attacks, Indian fugitives who have taken shelter in Pakistan and dossiers on Ilyas Kashmiri of Harkat-ul-Jihadi Islami. The remaining six dossiers are in response of specific requests to government of Pakistan in connection with Mumbai terror attack," he told Lok Sabha.
Kamat said 12 dossiers have been sent by Pakistan government in Mumbai terror attacks case and these dossiers contain copy of FIR lodged by the Federal Investigation Agency, Islamabad, summary of their investigations, details of arrests made, a list of proclaimed offenders and a copy of the charge sheet filed by Pakistan government in the case.
In reply to another question whether there is a likelihood that Pakistan is prepared to concede to India's request to hand over the 26/11 accused, he said, "As judicial proceedings are in process in India and in Pakistan, it would be difficult to conclude anything with certainty at this stage in this regard".
On whether two concurrent trials can be held for the same offence in India and Pakistan pertaining to 26/11 attack, Kamat said though two concurrent trials could not take place in India, Pakistan being a sovereign country having its own penal and procedural laws can initiate prosecution against its own citizens who are accused in a crime which has taken place in another country.
"This extra-territorial jurisdiction is also envisaged in Indian Penal Code and Criminal Procedure Code," he said.