India to depose in Pak court

India is expected to convey to Pakistan to facilitate “video-conferencing” of the investigating officer and magistrate who recorded 26/11 terrorist Ajmal Amir Kasab’s statement in the 26/11 Mumbai attack case, to appear before the Pakistani anti-terror court.

India will not be sending the Mumbai additional chief metropolitan magistrate, Mr R.V. Sawant Waghule, to Pakistan while it would suggest “video conferencing” of Mr Waghule and the investigation officer, Mr Ramesh Mahale, subject to court directions.

The decision is expected to be conveyed by the external affairs ministry to Pakistan shortly, sources said. Pakistan had asked India to send Mr Waghule, who had recorded Kasab’s statement to appear before its anti-terror court. It also demanded that Mr Mahale be sent there for deposition in the trial against the 26/11 terror operatives in that country including the LeT operational commander, Mr Zaki-ur-Rehman Lakhvi.

Sources said that while Mr Waghule will not be sent to Pakistan, if the Bombay High Court permits, he can appear through video conferencing in a Pakistani court without being subjected to cross-examination.

A petition is being moved in the Bombay High Court to allow the magistrate to appear through video conferencing. Similarly, the government has decided to allow Mr Mahale to appear in Pakistani court through video conferencing.

If Pakistan agrees to the proposal of questioning of the IO through video conferencing, it will have to make arrangements for the same, sources said. Pakistan has reportedly asked India to respond before Saturday as to whether it would send the magistrate and the investigating officer.

While India has demanded action against those behind 26/11, Pakistan has maintained that the charges against the seven LeT activists are based on Kasab’s statement in Mumbai and so the magistrate and the IO involved in recording that statement should appear before the anti-terror court there.