New Delhi: 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 HuJI. 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 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.