A Pakistani Judicial High Commission on Friday recorded the statements of the key witnesses in the 26/11 Mumbai attacks after a Metropolitan Court dismissed its plea for cross-examining them following a wrangle over the mandate of the panel.
The in-camera proceedings of the Esplanade Court saw a dispute arise over the mandate of the panel which insisted on cross-examination of the witness, including the Magistrate who had recorded the confessional statement of Ajmal Kasab, the original perpetrator of the massacre.
According to the sources, the Special Public Prosecutor Ujjwal Nikkam said who had led the trial against Kasab, and was assisting the witnesses, pbjected to the Commission's plea and there was a hot exchange of words between him and the panel members.
Pakistan's Public Prosecutor Zulfiqar Ali contended that cross-examination was legally permitted, Mr. Nikam asked him to inform the court after the arrangement mutually agreed upon by the two countries.
As Mr. Ali insisted on cross examination, Mr. Nikam said Indian CrPC provided for adherance to what had been agreed upon by the two countries while making such an arrangement.
Chief Metropolitan Magistrate S S Shinde family disallowed the Commission from cross-examining the witnesses, accepting Mr. Nikam's plea that both the countries had mutually agreed in October 2010 that only their statements would be recorded.
Morover, Mr. Nikam also argued that since the appeal of the Kasab against his conviction and death penalty was pending before the Supreme Court, legal proceedings in India would be hampered if witnesses were allowed to be cross-examined at this stage.
Following permission from Shinde, the panel began recording the statement of Magistrate R.V. Sawant Waghule, who had recorded the confession of Kasab soon after his arrest following the attacks.
Sources said that it took around an hour torecord the statement of Mr. Waghule.
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