The prosecution proposed that a representative of lawyers defending the accused should be made part of the commission.
Pakistani prosecutors today filed a petition in a Rawalpindi-based anti-terrorism court seeking the formation of a commission to visit India to record the testimony of 24 key witnesses in the Mumbai attacks case, including lone surviving attacker Ajmal Kasab.
Federal Investigation Agency (FIA) special prosecutor Chaudhry Zulfiqar Ali told PTI that the petition was filed in the anti-terrorism court of Judge Malik Mohammad Akram Awan, who is conducting the trial of Lashker-e-Taiba operations commander Zakiur Rehman Lakhvi and six other Pakistani suspects charged with involvement in the attacks.
The prosecution said the commission was necessary to record the testimony of key witnesses who are in India, including Kasab, terror suspect Fahim Ansari, the magistrate who recorded Kasab's confession, a senior police officer and doctors who conducted autopsies of the 166 victims of the Mumbai attacks.
The petition was filed under Sections 505, 506, 507 and 508 of the Code of Criminal Procedure.
The prosecution proposed that a representative of lawyers defending the accused should be made part of the commission so that he could cross-examine the witnesses in India.
The prosecution further said it would arrange an Indian visa for this representative.
Judge Awan issued notices to the accused to submit their response to the petition at the next hearing of the Mumbai attacks case scheduled for September 18.
Significantly, Section 508 of the Code of Criminal Procedure states that a trial or proceedings "may be adjourned for a specified time (deemed) sufficient for the execution and return of the commission."
Legal experts said this meant that the trial of the seven Pakistani suspects could be put off till the proposed commission completes its work.
Interior minister Rehman Malik last week acknowledged that the trial of the Pakistani suspects was stalled and it was imperative to form the commission to go to India to record the testimony of the key witnesses like the magistrate and the police officer.
Magistrate RV Sawant Waghule had recorded the confessional statement of Kasab, the lone attacker captured alive during the Mumbai carnage, while police officer Ramesh Mahale led the investigation of the attacks.
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