A Pakistani anti-terrorism court -- hearing the Mumbai terror attacks case involving Lashkar-e-Tayiba operative Zakiur Rehman Lakhvi and six other suspects on Saturday -- sought information from the government on the execution of arrest warrants for Ajmal Kasab and Fahim Ansari.
Judge Malik Muhammad Akram Awan of the Rawalpindi-based anti-terrorism court heard arguments by prosecution and defence lawyers on making Kasab, a Pakistani national sentenced to death by an Indian court for his role in the attacks, and Ansari, who was acquitted, part of the proceedings in Pakistan.
The prosecution and defence lawyers have filed separate petitions with regard to making Ansari and Kasab part of the proceedings in the trial that is being conducted within Adiala Jail for security reasons. Arrest warrants for the two men issued by Judge Awan were recently handed over to the Indian government by Pakistan.
The defence lawyers told the judge that proceedings to bring the two men to Pakistan should be dropped on the principle of double jeopardy as an Indian court had already convicted Kasab and acquitted Ansari. The prosecution argued that the presence of Kasab and Ansari was needed for the trial of the seven suspects, including LeT operations commander Lakhvi.
The prosecution also said action should be taken in this regard under Sections 87 and 88 of the Code of Criminal Procedure, which relate to persons declared absconders.
"After hearing the arguments by both sides, the judge adjourned the proceedings till June 12 without making any decision," said Shahbaz Rajput, one of the defence lawyers.
Special Public Prosecutor Malik Rab Nawaz Noon told PTI that the judge sought information from the government on the action being taken to execute the arrest warrants issued by the court for Kasab and Ansari. The judge said a reply detailing the progress made in executing the warrants should be submitted at the next hearing, Noon said.
The judge also heard arguments by the defence and prosecution on allowing media coverage of the proceedings in the anti-terrorism court. The proceedings are being conducted in-camera and the media is barred from being present in the makeshift court-room.
The defence lawyers have been pressing the judge to allow the media to cover the proceedings. Special Public Prosecutor Noon said the prosecution is "not seriously contesting" this demand by the defence lawyers. Sources said the prosecution had sought time from the court to obtain instructions from the government on media coverage of the proceedings.
The defence and the prosecution could decide on a consensus approach to provide information to the media under the observation of the court, the sources said. Lakhvi and the other suspects Zarar Shah, Hamad Amin Sadiq, Abu al-Qama, Shahid Jamil Riaz, Younas Anjum and Jamil Ahmed have been charged with planning and facilitating the Mumbai terror attacks that killed 166 people.
Pakistan's Supreme Court recently refused to entertain Lakhvi's petition seeking quashing of criminal proceedings against him and said he could approach the higher courts for relief only after his case was decided by the anti-terrorism court.
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