The petition was filed by Lakhvi's counsel in the
Lahore Registry of the Supreme Court yesterday. The petition
asked the apex court to bar the prosecution from using Kasab's
confession to Indian authorities in the trial in the
Rawalpindi-based anti-terror court.
The petition also sought Lakhvi's acquittal on the
ground that the Lahore High Court had ruled on March 9 that
the anti-terror court could not use Kasab's statement, the LeT
commander's counsel Khwaja Sultan told agency.
Sultan said he expected the Supreme Court to take up
the petition on April 13 or 14.
The lawyer claimed the prosecution had not levelled
"any allegation" against Lakhvi about his "connection or
interaction" with any of the co-accused and persons allegedly
involved in the Mumbai attacks of November 2008.
"The investigation of the case is based on the alleged
confession of Kasab, who is in Indian custody," Sultan said,
noting that the statement had also been retracted by Kasab.
Though three chargesheets were filed by the
prosecution, no witness had supported Kasab's statement and
Lakhvi was not "accused of giving training to the terrorists
involved in the attack", he added.
"The prosecution, in its challan (chargesheet),
maintained that the petitioner was commander of the
Lashkar-e-Taiba but could not establish his link with the
Mumbai attacks' accused. Under article 43 of Qanoon-i-Shahadat
Order (Pakistan's law of testiomy), a confessional statement
of an accused can only be used against his co-accused if they
are being tried jointly," Sultan said.
He further claimed that Kasab's name was never
mentioned in the 'challans' submitted against Lakhvi.
"Therefore the statement of Kasab cannot be used
against Lakhvi," he said.
Lakhvi and six others ? Zarar Shah, Abu al-Qama, Hamad
Amin Sadiq, Shahid Jamil Riaz, Jamil Ahmed and Younas Anjum ?
are being tried for planning and facilitating the 26/11
The prosecution has said that Lakhvi's lawyers are
causing "unnecessary hindrances" in the trial by filing
petitions in higher courts.
The hearings in the anti-terror court have often been
affected by these petitions.
Lahore: Lashker-e-Taiba commander Zakiur
Rehman Lakhvi, facing trial with six others for his
involvement in the Mumbai attacks, has filed a petition in
Pakistan's Supreme Court seeking acquittal on the ground that
the prosecution has no evidence against him barring Ajmal
Kasab's "retracted" confession.
First Published: Thursday, April 08, 2010, 23:16