Pak woman not a witness: NIA

Bhartesh Singh Thakur
Tribune News Service
Panchkula, March 18

The National Investigation Agency (NIA) on Monday told the Special NIA Court that Pakistani national Rahila Wakeel, who approached the court on March 11 for allowing her and other Pakistani witnesses to depose in the Samjhauta blasts case, was not a witness.

Wakeel had earlier claimed that her father had died in the blasts. Two improvised explosive devices exploded in the Samjhauta Express near the Dewana railway station in Panipat on February 18, 2007, killing 68 and injuring 12. Most of the victims were Pakistani nationals.

“We submitted in court that summons had thrice been issued to 13 Pakistani witnesses, which did not serve their purpose,” said Rajan Malhotra, NIA’s special public prosecutor. He said the witnesses were either travelling by that train or were related to the blast victims. He said the summons were first issued on March 20, 2017, for appearance on July 4, 5 and 6 that year.

He pointed out the response of the Ministry of Foreign Affairs in Islamabad, which read, “The enclosures may be returned to the sending authorities in India with the observation to indicate basis of their request and to send the summons at least four months before the date of hearing to avoid any inconvenience.”

He stated that the summons were issued again on July 4, 2017, for appearance on November 27, 28 and 29 that year, but the NIA did not get any response. He said the summons were issued for the third time on April 9, 2018, for appearance on August 3 and 4 last year, but there was no response. “In the absence of any communication from the Pakistan government, we are not in a position to vouch for the authenticity or authorisation of the application submitted in court,” added Malhotra.

“This application is a part of delaying tactics with mala fide intention. Wakeel does not have any locus standi. How can she claim that other witnesses did not get summons?” said Mukesh Garg, counsel for Aseemanand, an accused.

“We told the court that this matter concerned India and Pakistan. I said these witnesses had relatives in India and they should be given an opportunity. Neither the Pakistan government nor the Indian High Commission helped them when summons were issued,” said Momin Malik, counsel for Wakeel.

“She was first told that her father Mohammed Wakeel had been killed in the blasts. When we approached the authorities for compensation, we were told that he was not among the deceased,” he said.

“She had also approached the Punjab and Haryana High Court though her application was pending in the Special NIA Court. Her petition in the High Court is not maintainable,” Malhotra stated.

Wakeel’s maternal uncle Maroof, resident of Shamli in Uttar Pradesh, came to court on Monday for the resumed hearing. The court would decide on the application on Wednesday.