India welcomes visit by Pathankot probe team from Pakistan: Will it work?
New Delhi: India on Thursday said a special team formed by Pakistan to probe the Pathankot terror attack was welcome to visit the country to collect evidence, setting a rare precedent in bilateral relations.
"We look forward to the visit of the Pakistani SIT and our investigative agencies will extend all necessary cooperation to bring the perpetrators of the attack to justice," External Affairs Ministry spokesperson Vikas Swarup said at a press conference.
This comes a day after Pakistan Prime Minister Nawaz Sharif set up a Joint Investigation Team (JIT) comprising security and military officials to probe whether any Pakistani individual or organisation was involved in the attack.
But can a Pakistani agency carry out an investigation on Indian soil ?
Normally cooperation between two countries on investigations is handled under mutual legal assistance treaties.
In the case of Pakistan, if the two countries so agree, Indian agencies can help Pakistan in questioning witnesses and examining evidence. That is because a Pakistani agency cannot independently summon witnesses here.
A precedent of sorts was set during the 26/11 attack probe where a judcial team from Pakistan came to Mumbai to examine witnesses for the trial process there.
Investigating officer for the Mumbai attack case, Ramesh Mahale, and Magistrate RV Sawant Waghule were examined by the visiting judicial team.
However no precedent, where a Pakistani police team was allowed to carry out investigation in India, or vice versa, can be recalled.
Sources in government told CNN IBN that they would have to see the formal text of Pakistan's proposals before working out modalities for a joint investigation team.
Officials point out that three scenarios are possible.
Scenario 1: Pakistan can file an FIR against people who conspired to carry out the Pathankot attack. They can then formally investigate in India to collect evidence to be presented in their courts of law.
Scenario 2: Pakistani agencies can assist an Indian FIR. India can send a letter rogatory seeking information from Pakistan. Islamabad can then provide available details, and place the request, that to assist India better ,its team needs access to Pathankot.
Scenario 3: Informal assistance and exchange of evidence like what India and Bangladesh did after the 2014 Burdwan blast.
Officials point out that while scenario three is most often used by friendly countries, India and Pakistan are a special case.
Sources say it will be difficult to provide a Pakistani team access to Pathankot airbase, either formally or informally, as it holds sensitive military installations.
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