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Ujjwal Nikam, the prosecutor who led the trial in the 26/11 case, today said India should represent to the UN against a Pakistani court suspending the government's order detaining Zakiur Rehman Lakhvi, a key planner of the terror attacks.
"India should make a firm representation to the UNO and the Security Council (against the court order)," he said reacting to the Islamabad High Court order that might see the mastermind of the terror assault walk free, if not detained in another case.
"The Pakistanis are playing drama with us. I am constrained to say this as Lakhvi was bound to challenge the decision claiming he was granted bail on merit and he is not able to get the benefit of bail," he said.
Islamabad High Court Judge Noorul Haq Qureshi today suspended Lakhvi's detention under Maintenance of Public Order (MPO) after hearing his lawyer's arguments.
"This means that the Pakistan court was satisfied with Lakhvi's argument. This order was passed ex-parte. Why did Pakistan Government not oppose the suspension order when Lakhvi had publicly announced that he would challenge it?" asked Nikam, adding "this exposes Pakistan government's double standards".
Pakistan government's law officer had not turned up for the hearing.
Lakhvi had been detained for five years at a stretch and was never granted bail, he said and added how the Anti-Terror court reach a conclusion that there was no evidence against him (of alleged involvement in 26/11 attacks), he said.
"Now, Lakhvi will easily walk out of jail and there is no restraint order on him which can prohibit him from coming out of jail. If that happens it would be difficult for the authorities to cancel Lakhvi's bail as the principles of cancellation of bail are stricter," he said.
"If Pakistan is making a distinction between good and bad Taliban, then it is categorising terrorists in a way that is very dangerous and can boomerang," he added.
Lakhvi was arrested in December 2008 and was indicted along with six others on November 25, 2009 in connection with the case. The trial has been underway since 2009.
An Anti-Terrorism Court in Islamabad had on December 18 granted bail to Lakhvi citing lack of evidence, but before he could be released from jail, the government detained him for three more months under MPO.
