On December 2, 08, India officially named Lakhvi as one of the four masterminds of 26/11.
On December 7, the Pakistani security forces raided the Lashkar’s Muzaffarabad headquarters, nabbing Lakhvi and others including Zarar Shah, Hammad Amin Sadiq, Abu Qama, Shahid Jameel Riaz, Jamil Ahmed and Younas Anjum.
Pakistan turned down India’s demand for their extradition, saying they would be tried on Pakistani soil as they were all Pakistani citizens.
On May 5, ’09, the Federal Investigation Agency submitted the challan or chargesheet along with evidence against the seven LeT suspects to judge Sakhi Mohammad Kahut.
On May 23, ’09, when the court was expected to indict them formally, Judge Kahut’s tenure expired.
In his place was appointed Judge Baqir Ali Rana, who, on October 21, ’09, expressed his inability to continue with the proceedings. Those close to him claim Justice Rana quit because the lawyers representing the accused boycotted court proceedings in protest against his decision to formally charge the seven suspects in their absence. It’s also said the judge had received threats for charging the accused.
On October 24, he was replaced by Judge Malik Akram Awan, who began to hear the case from October 31. He directed the prosecution to provide Kasab’s confessional statement and other documentary evidence against the accused.
Then in early 2015, Lakhvi was released from Adiala Jail in Rawalpindi on the orders of the Lahore High Court (LHC) after furnishing Rs.2 million in surety bonds.
In December 2014, Lakhvi was granted bail by the Anti-Terrorism Court, but kept in detention under a Maintenance of Public Order in light of sharp criticism from New Delhi against Islamabad. The legal counsel for defense has maintained that there was insufficient evidence against Lakhvi to warrant his continued detention.
Lakhvi is currently among seven accused being tried by an anti-terrorism court in Rawalpindi for involvement in the Bombay attacks. According to jail authorities, after he was released he was collected by JuD members amid tight security and shifted to an unverified location. However, a case against Lakhvi in the Islamabad High Court (IHC) is still pending after the Federal Investigation Agency (FIA) filed an appeal in January seeking cancellation of the bail granted to him by the ATC. Should the IHC cancel his bail, Lakhvi may be rearrested.
Lakhvi’s release has drawn strong reaction from India, with Home Minister Rajnath Singh calling the move ‘deeply disappointing’. While India claims it has given Pakistan enough evidence for Lakhvi’s prosecution, the Pakistani Foreign Office has responded to Delhi’s latest statement by claiming that the ‘inordinate delay’ in extending cooperation by India complicated legal proceedings and weakened the prosecution’s case. Now with US Secretary of State John Kerry adding his name to the list of concerned voices, the issue of Lakhvi’s freedom is likely to remain a pressure point in a struggling Indo-Pak peace process that remains hostage to progress in the Mumbai trials.