India not to send 26/11 judge to Pakistan

Last Updated: Thursday, August 5, 2010 - 22:01

New Delhi: India will not send to Pakistan
the magistrate who recorded the statement of lone captured
26/11 attacker but is open to allowing him as well as the
investigating officer to appear before a Pakistani court
through video conferencing.

The decision is expected to be conveyed by the External
Affairs Ministry to Pakistan shortly, sources said here today.
Pakistan had asked India to send the Mumbai`s Additional
Chief Metropolitan Magistrate R V Sawant Waghule, who had
recorded the statement of lone 26/11 terrorist Ajmal Amir
Kasab, to appear before its anti-terror court.

It has also demanded that the IO Ramesh Mahale be sent
there for deposition.

Waghule will not be sent to Pakistan, the sources said.

However, if the Bombay High Court permits, he can appear
through video conferencing in a Pakistani court without being
subjected to cross-examination, the sources said.

A petition is being moved in the Bombay High Court to
allow the magistrate to appear through video conferencing.
Similarly, the government has decided to allow Mahale to
appear in Pakistani court through video conferencing.

If Pakistan agrees to the proposal of questioning of the
IO through video conferencing, it will have to make
arrangements for the same, the sources said.

Pakistan has reportedly asked India to respond before
Saturday as to whether it would send the magistrate and the
Investigating Officer.

Pakistan`s contention is that the charges against the
seven Lashkar-e-Taiba activists, including its operations
commander Zaki-ur-Rehman Lakhvi, are based on Kasab?s
statement in Mumbai and hence the magistrate and the IO who
were involved in recording that statement should appear before
the anti-terror court there.

India has already provided to Pakistan copies of Kasab`s
statement that was recorded in Hindi and Marathi in the
presence of Waghule. An English version is also available with
Pakistan.

PTI



First Published: Thursday, August 5, 2010 - 22:01

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