RAWALPINDI, Nov 29: An anti-terrorism court hearing the Mumbai attack case on Tuesday was informed that the chief justice of Mumbai High Court has nominated a magistrate who will preside over the judicial commission, also consisting of members from Pakistan.
When ATC Judge Shahid Rafique resumed the hearing in Adiala Jail, the senior public prosecutor of Federal Investigation Agency (FIA), Chaudhry Zulfiqar Ali informed him that the court of metropolitan magistrate in Mumbai had been designated as the place of proceedings for the judicial commission.
He said chief metropolitan magistrate S.S. Shinde would chair the proceedings and interact with the commission members for recording statements of witnesses.
Mr Ali also filed an application with the court seeking permission for recording the statements of the witnesses who were living abroad.
He also requested the court to direct the defence counsel for supply of passports and other related documents to the interior ministry for issuance of notification of the commission as some of the counsel were likely to be nominated as its members.
He pointed out that relations between India and Pakistan had strained after the Mumbai attacks and the case was inordinately delayed, adding countries like United States, United Kingdom, Germany etc., whose citizens were also killed in the attacks, were anxiously waiting for the progress of the trial.
Mr Ali told Dawn that the members of the commission, especially the defence counsel, would cross question the prosecution witnesses of the Indian side and the public prosecutors would assist the commission in its proceedings.
He said due to certain reasons, it was not appropriate for summoning foreigners for recording their statements in Pakistani courts.
During the course of hearing, Khawaja Sultan, the defence counsel, told the court that the statement of a prosecution witness, FIA assistant director Qamar Zaman, was not admissible as he was not the author of the relevant record. On the request of Mr Sultan, the court sought FIA reply and adjourned the hearing till December 3.
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