UPDATED ON:
Monday, September 07, 2009
10:22 Mecca time, 07:22 GMT
In an interview with Al Jazeera's Hamish Macdonald, P Chidambaram, India's minister of home affairs, says Pakistan is "deliberately" stifling the investigation into the attack on Mumbai in November last year.
Chidambaram said Pakistan was failing to follow up on the evidence provided to it by India linking the leader of the Lashkar-e-Taiba organisation with those who carried out the attacks.
During the interview, the minister produced documents detailing names, times and locations of alleged meetings involving Hafeez Sayeed, the Lashkar-e-Taiba chief, and the attackers. Pakistan has repeatedly refused to re-arrest Sayeed because it says India has failed to produce convincing evidence.
Dissatisfaction with Pakistani investigations
Al Jazeera: So you have made it very clear that you are not satisfied with the response [from] Pakistan … to chasing down those responsible for plotting the Mumbai attacks. Why are you not satisfied?
P Chidambaram: Because they are not arresting the perpetrators of the Mumbai attacks. They are still on Pakistan soil. We know their names. We have shared their names with them. They are not investigating the case. The trial has not opened yet. It will be a year on the 26th of November. Therefore, we are thoroughly, totally dissatisfied with the Pakistani response.
Do you believe that they are deliberately holding up the investigation?
Yes. Regrettably that is the answer, but yes.
So the Pakistani government, the Pakistani authorities, let's be clear about this, are deliberately stifling the investigation into the Mumbai attacks?
Yes.
Five individuals, militants, arrested in Pakistan, went before a court in Rawalpindi last weekend. Why is that not enough?
Where is the trial? Where is the charge sheet? When is a trial starting? When is the first witness being examined?
Implicating Lashkar-e-Taiba
You've handed over dossiers to the Pakistanis which you say include cogent and convincing evidence that links Lashkar-e-Taiba chief Hafeez Sayeed to the Mumbai attacks. What is that evidence then?
Well firstly I am a trained lawyer, so you'll have to accept my word as against a non-lawyer's word. The evidence that we have presented tells any investigator, any prosecutor what Hafeez Sayeed did, where he was, whom he met, what he told them, what his role was. If that is not evidence to continue [an] investigation against Hafeez Sayeed, what else is evidence?
But he was held and then released because the courts in Pakistan were not convinced that there was enough evidence?
The court can only be convinced if you present evidence… There is a vast distinction between the responsibility and role of the prosecution and the role and responsibility of the judge. The judge does not investigate. The judge weighs the evidence presented to the court. If no evidence is presented to the court, what will [the] judge do?
Why won't you tell us what that evidence is though? Because at the moment we have the Indian authorities saying there is sufficient evidence, the Pakistani authorities saying it's insufficient. What is the evidence? Where was he when the attacks were being planned?
December 2007 - January 2008 he was in a place where Kasab and others were trained. He spoke to the trainees on many occasions. There was another training camp at a place called Chekhalabandi mountain of Muzaffarabad. Hafeez Sayeed was in the camp and met the trainees.
He was accompanied by a person known as major general "saab" [sir].
Hafeez Sayeed finally selected the trainees and gave them new names. Kasab was given a new name - "Abu Mujahid" - that name was given by Hafeez Sayeed.
Then they underwent marine training at a training camp and Hafeez Sayeed was present for that training too.
On the 13th day of roza [Muslim fasting during Ramadan] the selected trainees were called to the office of the Bait-ul-Mujahideen and Hafeez Sayeed met them there. I could go on. Places, dates, names, conversations.
Now if a prosecutor is unwilling to take this as prima facie evidence, investigate further, visit the places, go to the places, arrest Hafeez Sayeed, and discover further evidence what does the prosecution of Pakistan do?
You mentioned a ... major-general "saab". Who is he?
I don't know. All I know is there is a reference to a major-general "saab" who accompanied Hafeez Sayeed.
And you believe [him] to be a member of the Pakistani military?
I don't know. Somebody must investigate that. You see, please let's understand what investigation means. We can only give leads to our investigative agents.
That's pretty concerning though … of a major general accompanying him?
He may be a retired major general, he may be a serving major general. I don't know. That has to be investigated. So Hafeez Sayeed has to be asked where he was on those days, did he visit those places, who accompanied him. That is the purpose of investigation. In no crime, in no case [would] the accused or the culprit… come and tell the investigator "I did all these things". Purpose of investigation is to take leads and investigate. That I am afraid the Pakistanis are not doing.
Al Jazeera