Indo-Pak border may soon have makeshift court

By our correspondents
December 25, 2016

NEW DELHI: The Indo-Pak border, the scene of many gun battles between two neighbours, may now hold a legal battle between the two countries. For, the National Investigation Agency (NIA), investigating the 2007 Samjhauta Express bombings, is planning to move the home ministry for setting up a makeshift court on the Indo-Pak border to examine Pakistani nationals who are witnesses in the case, says a report published The Economic Times.

This will arguably be for the first time that a temporary court will be set up on the Indo-Pak border for a terror trial. Pakistan’s chief prosecutor too has supported the move. “An appropriate decision, after weighing all options, will be taken shortly,” Director General of NIA, Sharad Kumar, said.

Explaining the need for such an arrangement, an NIA official, requesting anonymity, said, “It is being considered keeping in view security concerns.

It is prudent to hold a special temporary court for their examination at the border rather than bringing them to Panchkula which would entail elaborate security arrangements.” The trial of Samjhauta blasts is currently happening in a special NIA court in Panchkula.

Another NIA official said that the agency would not like to drop the Pakistani witnesses. “Although there are only a couple of witnesses (Pak) whose deposition is material to the case, all the cited Pak witnesses will be examined so that they cannot question our investigation.” There are well over a dozen witnesses from Pakistan who are yet to be examined by the investigating agency in this case. Sources privy to the development said that a go ahead will soon be sought from the Ministry of Home Affairs after which a formal request, in the shape of a petition, will be made to Punjab and Haryana high courts.

Pakistan’s chief prosecutor too has welcomed the move. While talking to ET from Sialkot, Advocate Mohammad Azhar Chaudhry, the chief prosecutor of 26/11 Mumbai attack trial, said, “This is definitely possible. The law of both the countries provide for this option.”