The Hindu : Front Page : Pakistan court dismisses plea to declare Kasab fugitive

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Sunday, Mar 28, 2010
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Pakistan court dismisses plea to declare Kasab fugitive

Islamabad: A Pakistani anti-terror court conducting the trial of Lashkar-e-Taiba's Zakiur Rehman Lakhvi and six others accused of involvement in the Mumbai attacks, on Saturday dismissed the prosecution's application for naming Ajmal Kasab and Fahim Ansari as “proclaimed offenders” or fugitives.

Judge Malik Muhammad Akram Awan of the Rawalpindi-based court, who is conducting the trial within the Adiala Jail for security reasons, rejected the application a week after hearing arguments by the prosecution and defence lawyers.

“The prosecution's application for declaring Kasab and Fahim Ansari as proclaimed offenders was dismissed by the judge,” during Saturday's proceedings, Shahbaz Rajput, one of the defence lawyers, told PTI.

The next hearing will be held on April 3.

Sources said Mr. Justice Awan dismissed the prosecution's application under Section 512 of the Code of Criminal Procedure, which relates to recording of evidence in the absence of an accused.

This section states that a court can record the deposition of prosecution witnesses even in the absence of an accused. Such evidence can be used as and when the accused is finally produced in the trial court.

Further details of the court's order were not immediately available.

However, Lakhvi's lawyer Khwaja Sultan said the prosecution's application was a “delaying tactic” as authorities had no evidence against the accused.

“They only have the statement of Kasab. Take that away and there is no case,” he said.

At the last hearing on March 20, the defence lawyers had demanded that Kasab should be brought from India to Pakistan to face trial with the other suspects. — PTI

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