ISLAMABAD, Sept 13: A division bench of Islamabad High Court (IHC) on Thursday dismissed two petitions of Federal Investigation Agency (FIA) for declaring Ajmal Kasab proclaimed offender and for obtaining voice samples of his seven alleged abettors.
IHC division bench resumed hearing of the petitions filed by the senior public prosecutor Chaudhry Zulfiqar Ali, cited the state, ATC judge, and the accused persons of Mumbai attacks as respondents. IHC division bench comprising Chief Justice Iqbal Hameedur Rehman and Justice Noorul Haq N. Qureshi took up the petitions.
The petition said that after receipt of the information from the Indian authorities and completion of investigation, FIA submitted four incomplete challans in ATC; subsequently the ATC judge indicted the seven accused in the case.
It maintained that ATC issued non-bailable warrants of arrest against accused Kasab and Fahim Ahmed Ansari.
On May 8, 2010 an application under section 87 of Cr. PC for issuance of proclamation against Kasab and Ansari was moved by the FIA before the ATC judge but the court after hearing the prosecutors and defence counsels, rejected the application.
It pointed out that the ATC judge was told that Kasab and Ansari were facing trials in India and after the said report it was mandatory for him to proceed against the accused persons under section 87 to fulfill the relevant formalities as envisaged in law, as he was duty bound to procure attendance of the aforesaid accused in accordance with the law.
Declaring the accused proclaimed offender was a legal requirement and for the technical satisfaction of the court.
The petition claimed that the orders of the ATC judge were erroneous and requested the court directions for trial court for declaring Kasab and Ansari as proclaimed offenders.
FIA’s petition for obtaining voice samples of the seven accused of Mumbai attacks, currently confided in Adiala jail said that on the basis of information received through Indian authorities “Ajmal Kasab alias Abu Mujaid along with his other accomplices was allegedly trained and launched by Zakiur Rehman Lakhvi, Abu Hamza, Kahafa, and other associates of defunct organisation Lashkar-e-Taiba (LeT) for these attacks.”
It said: “According to the reports, the handlers of attackers remained in touch with the terrorists for instructions through VoIP and satellite/mobile phones, which also indicate connectivity with LeT militants including Abu Al-Qama. The email account claimed responsibility of the attacks was allegedly created by Zarar Shah Communication, coordinator of LeT.”
The petition said the ATC was approached to obtain voice samples of the accused — Zakiur-Rehman Lakhvi, Abdul Wajid, Mazhar Iqbal, Hammad Amin Sadiq, Shahid Jamil, Jamil Ahmed, and Younas Anjum — confided in Adiala jail in connection with these attacks, but the court rejected the plea.
It pointed out that the voice samples of the accused were required to compare voice samples provided by the Indian government, adding that being a very important piece of evidence, if the voice samples are ignored, the prosecution cannot then establish the guilt of the accused in the offence.
These samples were essential in order to conclude the investigation of this high profile case, it maintained.