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Does Kassab’s Execution Signal the Collapse of India’s Case Against Pak

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Does Kassab’s Execution Signal the Collapse of India’s Case Against Pak | PKKH.tv


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PKKH Editorial

The lone surviving alleged gunman of the 2008 attacks in Mumbai, Ajmal Kassab, has been prematurely put to the gallows by a court in India this morning.

Prematurely because, as a key component of the trial of the 7 Pakistanis held in Pakistan’s Adiala Jail since 2008 and accused of masterminding the Mumbai carnage, Kassab was deemed an important part of the investigation by Pakistan’s judicial commission.

India’s case against Pakistan in general and against these seven individuals in particular, revolved mainly around Kassab’s alleged statement. We use the word ‘alleged’ because the Indian authorities had repeatedly refused to grant access to Kassab to the Pakistani judicial commission, and statements from the Indian authorities cannot be taken on face value alone.

According to Pakistani Law of Evidence (Qanun-e- Shahadat Order , 1984)”:

If a witness has to give any statements against any person, or has to be the eyewitness against any accused, the witness must present himself in front of court. Alternatively, the statement can be taken from the witness and presented in court by an authorized person such as a magistrate or Judge.


Due to India’s lack of co-operation with the Pakistani judicial commission, none of the above conditions have been fulfilled. As per Pakistani law, either Kassab had to be produced in court in Pakistan, or the person who took Kassab’s statement immediately after his arrest has to appear in Pakistani courts and present Kassab’s statement, as well as allow himself to be cross-questioned.

If there’s no ambiguity or loopholes in the Indian investigation of the Mumbai attack, India should not have had any problems in fulfilling these legal requirements of the Pakistani judicial process, to ensure a speedy and fair trial.

The law provided another alternative. If the above conditions could not be fulfilled, then a Judicial Commission of the Pakistani court could have travelled to India to record a statement from Ajmal Kassab or interview the magistrate who took Kassab’s statement – and this is exactly why Pakistan sent its judicial commission to India in March this year – but was denied access to Kassab.

After the judicial commission’s limited findings were presented in the Pakistani court, the presiding judge was left with no other option then to give a judgment which clarifies and reiterate the same facts that Pakistan had clarified from day one – that there is no court-admissible evidence implicating any Pakistani security forces, intelligence services, organizations or citizens in the Mumbai terror attacks.

It will be four years since the devastating attacks on Mumbai that left the entire nation paralyzed for three days. Countless statements accusing Pakistan and its state and military have been given from Indian politicians and security forces. And yet there is still no verification of the original statement of Kassab took by magistrate who interrogated Kassab, immediately after his arrest. Pakistani courts can use this statement in the case against the seven accused persons but it is India that is hesitant in not only presenting the magistrate in front of the Pakistani judicial commission but also in verifying the statement through cross questioning by Pakistani Commission. And Kassab’s death appears to be the final nail for the judicial inquiry in Pakistan, raising suspicions further that the ‘evidence’ presented by India may not have been able to withstand cross examination by Pakistan – hence the premature closure of the case as a consequence of the hanging today.

‘The case will collapse, we have no option than to eventually release the seven accused persons as a key component of the case is no longer available, and India’s refusal to cooperate only strengthens the position of those who believe there was never a case against Pakistan in the first place,’ said a source close to the investigation in Pakistan.

Source
 
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Hafiz saeed, bring this scum with his perpetrators on table for god's sake. Its high time for oral maneuver. Otherwise this extremism will swallow rest of Pakistan and India's internal security will be at stake.
 
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There is nothing one can do to convince someone who refuses to see light.

This is what India I feel has experienced. Kasab or no Kasab it makes no diff to India's stand.

As regards Pak courts, they would obviously pronounce judgements based on the facts provided. If the prosecution presents a case with holes its bound to get thrown out.

Prematurely ? Four years is along time.Overdue actually.
 
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"This news is hell for us," Shahnaz Sughra, Kasab's aunt, told Reuters by phone. "...Even if he did something wrong, we just want his body. Even if he did something wrong, I am proud that he taught the enemy a lesson in their own country.".


Lashkar-e-Toiba calls Kasab a martyr, warns of more 26/11 like attacks in India

Islamabad: Hours after 26/11 attacker Ajmal Kasab was executed, terror group Lashkar-e-Toiba on Wednesday described the Pakistani national as a “hero”.

A senior commander of the LeT reportedly said Kasab was a "hero" who will inspire more attacks.

"He was a hero and will inspire other fighters to follow his path," the commander of the Pakistani militant group accused of masterminding the attack told news agency Reuters by telephone from an undisclosed location.

Kasab was executed at 7.30 am this morning at Pune's Yerwada Jail.

The November 2008 Mumbai terror attacks were carried out by 10 terrorists of the LeT.



There Goes PKHH Article down the Drain . I don't Know why this always happens with PKHH Editorials . Not a Single Piece which even the Most Anti-Indian Person Supports .

best of Luck writing such "Editorials"
 
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WAs there a case against Pakistan ??

surprised to know if there is any claim by indians on link of Pakistan to this attacks by 20-30 people in bombay.


After all all of them including kasab were their own citizens....they cried alot in international forums but to prove pakistan as guilty but no one believed their usual crying...
 
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After all all of them including kasab were their own citizens....they cried alot in international forums but to prove pakistan as guilty but no one believed their usual crying...

Care to define who is that 'no one'?
 
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After all all of them including kasab were their own citizens....they cried alot in international forums but to prove pakistan as guilty but no one believed their usual crying...

The usual Deny , Deny ...and Deny approach.

The Pak FO however feels differently as brought out in this news item. They admit kasabs familiy has not yet contacted them for his body.

India informed Pakistan about Kasab hanging: FO - geo.tv

ISLAMABAD: The Foreign Office said Wednesday that India’s Vice Commissioner had informed Pakistan about Kasab’s hanging, Geo News reported.

In a statement, Foreign Ministry spokesman Moazzam Ahmad Khan said that "the Indian deputy high commissioner informed us about the execution" of Kasab. He told that Kasab’s family has not yet contacted to claim his dead body, however, Indian authorities can be contacted on the family’s request.

"Pakistan's stance is very clear. Pakistan condemns all forms of terrorism," he added. "Pakistan is cooperating with the international community."

India's government said it informed Islamabad in advance of the decision to hang Ajmal Kasab on Wednesday for the 2008 Mumbai attacks, but their counterparts refused to accept the letter.

Home Minister Sushilkumar Shinde told reporters in New Delhi he had even ended up sending a fax to Islamabad after the letter was rebuffed. Other officials said a similar message had been couriered to Kasab's family.

"The external affairs ministry gave the letter to Pakistan but Pakistan did not accept it. Then we faxed the letter," Shinde said.

The 25-year-old Kasab, from the village of Faridkot in the Punjab region, was hanged at Yerwada jail in the Indian city of Pune after President Pranab Mukherjee rejected his pleas for mercy earlier this month.

India's Foreign Minister Salman Khurshid said the government had followed diplomatic protocol by informing Pakistan in advance about the execution.

"We attempted to convey to the Pakistan foreign office that this decision had been taken and the execution will be done this morning," Khurshid said.

"Since those missives were not accepted by the foreign office, by fax we indicated the information to them."

Prithviraj Chavan, the local state chief minister, said Kasab had been buried inside Yerwada jail while Indian Home Secretary R. K. Singh said his family had been kept informed.
 
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After all all of them including kasab were their own citizens....they cried alot in international forums but to prove pakistan as guilty but no one believed their usual crying...


Jhot itna bolo kay sach lagay, this was the case when 1 billion hindus were speaking the lie, but like they say lie have no feet. hence it should not be a matter of any concern to Pakistanis whatsoever.
 
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Jhot itna bolo kay sach lagay, this was the case when 1 billion hindus were speaking the lie, but like they say lie have no feet. hence it should not be a matter of any concern to Pakistanis whatsoever.

Yes all of 1 Billion Hindus are Chronic Liars . "Hindoowo ki zaat hi aise hoti hai" . "Jahil Quom et all" .

Now Celebrate and Dance .
 
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