what is your view on the Indian Solicitor General's advice that Indian magistrate can testify in Pak court?

Question

Details:

 '26/11 case magistrate, cop free to depose in Pak trial'

Solicitor General (SG) Gopal Subramanium has told the Government that there is no legal bar on an Indian magistrate testifying in foreign judicial proceedings.

The Pakistan government recently wrote to the Indian government, stating that Mahale and Wagule be sent to depose before a Pakistan court.

The FIA request says that these persons need to be examined in the trial of seven accused, including Lashkar operations commander Zaki-ur-Rehman Lakhvi, being conducted in Adiala jail in Rawalpindi.

http://in.news.yahoo.com/48/20100811/804/tnl-26-11-case-magistrate-cop-free-to-de.html

The legal point given by SG should be ok, being an authority in legal field. But diplomatically, when the Pak hesitated to send their ISI chief for discussion with Indian officials, should India concede with Pak request just in the guise of Mumbai episode, since they gave scant regard to the Indian dossiers on the case in the past. They are more likely to dismiss the witnesses also on some grounds by probably putting Qs beyond the scope of their knowledges (ultimately deeming them as insufficient to finalise) !

Secondly, is there precedence of such deposition of officials of one country in another - particularly an unfriendly country that criticises even the top most bureacrats! After all in the case of Hadley, even a criminal was not easily allowed to be questioned by our officials, by a friendly country like the US! Should there be no alternative to deny or alter the Pak request ?

What are your views please? People conversant with broad inter-national legal practices may particularly share critical views.

Raj Kish · Accepted Answer

While there may not be any legal bar for either the magistrate or the cops to depose before the Pak
judiciary,"THERE IS WHAT I CALL A PRESTIGE BAR" which precludes such testifying.It is not only shameful and degrading but most disgusting and many other suitable adjectives which I am unable to recollect immediately (In my present state of mind) that the Hon.Solicitor General has dishonorably
opened his mouth and shoved the entire nation's feet into his wide accommodating mouth.And the person who solicited this demeaning gentleman's advise/opinion has reached the nadir.I am so terribly upset that I have no mind to answer your other query about precedence.However,I am sure there just couldn't be because no country is that stupid.It shouldn't come as a surprise if our worthy SG opines that the President,VP,the PM and his entire cabinet all go to Pakistan and depose before their judiciary as there is no legal bar.
Have a Nice Day.

Anonymous · Answer

The judiciary is completely controlled by the politicians. If the judges do not give favourable judgement there is always the other way of amending the rules by an act of legislature or amendment to constitution. so it is not the question of Lower or higher court it is a question of how much muscle power can be utilised against the judge. If you have enough money you can even purchase the prime minister and president of India! what is judge in comparison?Justice is slowly disappearing from the scene.

Anonymous · Answer

hello master,YA is believed to be the place for entertainment.i would advise you not to waste your time in asking such serious questions,nobody listens to them.

? · Answer

unwanted work   vendaatha velai

Anonymous · Answer

I do not agree with it.

what is your view on the Indian Solicitor General's advice that Indian magistrate can testify in Pak court?

5 Answers