According sources, a petition challenging the decision of the Anti-Terrorism Court (ATC) was filed by Special Public Prosecutor Malik Rab Nawaz Noon on behalf of the Special Investigation Group of the Federal Investigation Agency on Saturday, Apr 3, in the Rawalpindi bench of the Lahore High Court.
In the four page petition, the petitioner contended that the Anti-Terrorism Court (ATC) fail to 'technically' justify that Kasab and Ansari are in the custody of Indian authorities and they cannot be brought back to Pakistan for trial by declaring them as 'proclaimed offenders' or fugitives.
Contending that Kasab and Ansari can be declared fugitive under Sections 87 and 88 of the Code of Criminal Procedure (CrPC), the petition argued that the anti-terrorism court failed to fulfill its obligation under these sections of the CrPC.
On Mar 27, the anti-terrorism court dismissed the prosecution's plea to declare Kasab and Ansari as 'proclaimed offenders' or fugitives.
The anti-terrorism court said that duo were under the custody of Indian authorities and undergoing trial in connection with the 26/11 attacks.
The petition has appealed to the Lahore High Court to direct anti-terrorism court to declare Kasab and Ansari as fugitives.
The defence lawyers argued that Kasab and Ansari should be brought to Pakistan to face trial in connection with the seven other suspects as the duo cannot be separated from the ongoing trial in Pakistan.