I just posted a NYT story about Islamabad High Court quashing the Detention Orders of Zaki ur Rehman Lakhvi. Like most western & even Pakistani papers, NYT leaves the impression that Court is acting strange and is embarrassing the govt. But it is important to understand why Courts are acting the way they are acting. My bit of research on the subject (and I am open to all new information) shows that all evidence presented by Pakistani prosecutors is based on the confessional statement of Ajmal Kasab given to Mumbai Police. But since Indian govt never allowed Pakistani prosecutors any access to Ajmal Kasab for counter-questioning him the evidence they present in ATC court becomes of an indirect or secondary nature. In a normal court case, even in a military court - and this should be important to all those who keep on taking positions against the military courts - accused or his lawyer will at least get the opportunity of cross-questioning the evidence placed against him. So Lakhvis lawyer points out that not only that he has never been able to question Ajmal Kasab but even the Pakistani prosecutors who have filed charges against Lakhvi or have given evidence were never allowed to question and examine Ajmal Kasab. This makes it legally a very weak case. On top of that Indian govt decided to hang Ajmal Kasab, while cases based on his confessional statement were still continuing. At the very next day of Kasabs hanging, legal experts and counter-terror experts had pointed out that this will weaken the case against Lakhvi. His bail from ATC after several months of Kasabs hanging has to be understood in that context. Given the political pressure, Pakistani govt detained him under MPO-16; his lawyers went to Islamabad High Court and Court had to examine and judge the reasoning given by the Pakistani govt for his detention which is very unconvincing - since he was given bail and had no charges against him that could justify his detention under MPO. Now that does not make him innocent. Most - including many Pakistanis - believe that Lakhvi is seriously connected with the massacre in Mumbai, Indian govt claims that he was the mastermind and for Pakistani govt his release after the massacre in Peshawar is very embarrassing. So the political case to keep him behind bars for ever or to award him death or life imprisonment is strong. Problem is that the legal case as made by the Indian and Pakistani governments is very weak and cracks when examined under judicial scrutiny. Is not this we are crying about courts and fundamental rights any way? Any Indians or Pakistanis on this page who have information or facts or links to articles that can prove that my overall understanding or facts are incorrect should place them here. I will be most willing to be proved wrong; I am still trying to understand more about this case.
Posted on: Mon, 29 Dec 2014 20:55:08 +0000