Q.223 Pakistan’s Judicial Commission

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

(a) whether Pakistan has proposed to send its Judicial Commission to India to verify the proceedings of the Indian Judiciary on the trial of the lone accused captured during the 26 November Mumbai terror attacks;

(b) whether India has sought clarifications on the constitution of the commission and its composition and also the nature, scope and modus operandi of its work during Indian visit;

(c) whether India has also made it clear that no cross examination of the judicial or investigating officers by the Commission would take place; and

(d) if so, the details thereof;

ANSWER THE MINISTER OF EXTERNAL AFFAIRS (SHRI S.M. KRISHNA)

(a) Pakistan has proposed to send a Judicial Commission to India to record/verify statements of the Additional Chief Metropolitan Magistrate and the Chief Investigating Officer, who had recorded the confessional statement of Ajmal Kasab, and the doctors who conducted the post-mortem. The Judicial Commission will comprise two lawyers i.e. one prosecution and one defence lawyer, accompanied by a coordinating officer.

(b) to (d) Government had sought clarifications from Pakistan on, inter alia, the law under which the Commission will be constituted, composition of the Commission, the nature, scope and modus operandi of the work of the Commission. Government had also sought confirmation that the Judicial Commission would only record the statements of the Additional Chief Metropolitan Magistrate and the Chief Investigating Officer and no cross-examination would take place. Pakistan has conveyed that the Judicial Commission has been asked not to cross-examine the prosecution witnesses.

http://www.mea.gov.in/mystart.php?id=220116904.

Rajya Sabha