In the aftermath of Pakistan admitting that Mumbai carnage of November 26, 2008 was planned in Pakistan and by Pakistani nationals and that it intends to prosecute them, a good deal of relaxation of tension between India and Pakistan should have been expedited. But we must anticipate obvious bottlenecks and try to avoid being enmeshed in it. Pakistan is going to ask for custody of Kasab. But it must realise that exclusive custody of Kasab can never be given to Pakistan. It was a sheer stroke of luck coupled with less then complete suicidal squad training given by handlers of Kasab that he was captured alive. But for his live presence Pakistan would have continued its denial syndrome. Similarly India would want custody of persons arrested by Pakistan. But Pakistan could somewhat legitimately insist upon holding a separate trial as conspiracy was hatched in Pakistan. Situation is thus building up for strain to continue and both countries have persons with hawkish agenda who will want to worsen the relations. Both our countries must accept that none of us would be a victor in this game. Let us team up and form a common frame of action. Pakistan is under severe strain and criticism of Swat climb down phenomenon and charge of permitting USA drones to fly from within Pakistan territory and to bombard its own citizens. To counter this the government of Pakistan may instead welcome a belligerent non-cooperative stance by India so as to cover its exposure. It is therefore in Indian interest to modulate its reactions in a sober restrained manner. It is only if in a spirit of common interest and welfare that both countries so modulate their policies that we can come out of the present morass. Though Indian government is apparently purporting to keep low profile, its decision to suspend all mutual contact on confidence building measures (CBM) in the matter of trade, boundary, water dispute can hardly be an encouraging development. I feel that in the interest of confidence building measures both India and Pakistan should have an open, honest and without any inhibition access to all the evidence in possession of each other. I would suggest that India should invite Pakistan to send a team of its own investigators, lawyers and share with them the material in Kasab trial. I would even suggest that after taking permission from the Supreme Court, this trial should be televised live. This for the reason that many countries and especially those whose nationals were also the victims would have a genuine interest. India by adopting this mechanism will show its openness and faith in the impartiality of justice machinery. This trial is not a case of a mere terrorist. It involves unmasking the mechanism and face of terrorism which is not only a grave issue for us but in the words of President Zardari a matter of equal concern to Pakistan. The same procedure could be adopted by Pakistan in the trial that it intends to hold for other co-accused, as it would have the same compulsion for Pakistan not to hand over those accused to India as we have to hand over Kasab. Of course the most desirable legal strategy would be if both countries could have a joint trial of all the accused to present a coherent logical case. Contrary evidence though not legally admissible before tribunals in respective countries could raise serious questions of fairness of the trial, a key element in our jurisprudence. There will of course be the conflicting claim of venue, the tribunal, the prosecuting agency to be sorted out. These are matters which both the countries must seriously articulate and consider if we are not to make a laughing stock of ourselves before the world community. Mutual needs of each country must be co-related to single important objective to find the truth behind Mumbai carnage - failure to act prudently and with a sobriety at present can only worsen Indo-Pak relations, which must be avoided at all costs, more so because as it is there are enough hawks in both our countries driving us to a collision course. At present Pakistan is making the right noises. They have arrested Laskhavi and Zafar Shah. India cannot object to their being tried in camera because we have the same enabling law. I hope Kasab's trial will not be in camera. I can understand that considering security and other angle it also cannot be in open court. But then we have the precedent of Indira Gandhi murder trial being held in jail. Kasab trial has to be absolutely security cordoned. Of course with all limitations I still believe that the trial should be televised - necessary precaution can be taken that spoken evidence of witnesses is telecast, their identity is not put on the tube. I have also another suggestion though it may sound like wild card. Could we not have a strategic team of 5 jurists (two from India and Pak, and one from any country of South Asia - say Bangladesh or Sri Lanka) which should be in over all charge of prosecutions in both countries. This may be a genuine step in assurance by both our countries that there will be no compromise with terrorism which is not only a common enemy of both our countries, but - in fact of the whole humanity. One immediate way of relaxing tension is to open up TV and radio communication between India and Pakistan. We take pride that our TV channels are doing good work in supplying information which the official agencies may want to keep secret. We must also appreciate that Pakistan TV is doing equally wonderful service by disclosing facts which Pakistan government was suppressing. It was Pak TV which disclosed the Pak origin of Kasab. It has also shown the house and location where all these Mumbai carnage terrorists stayed in Pakistan and took training. These instances show that press and peace activists in the civil society of Pakistan are no less insistent on dispelling any strain in Indo-Pak relations as some of us claim to in India. I feel that peace lobby must activate itself strongly lest by default we are driven to Indo-Pak conflict - a disaster beyond measure and unimaginable magnitude - of course recent statement by Mr Pranab Mukherjee, External Affairs Minister, that war between India and Pakistan was never an option and would never be so is greatly to be welcomed both in India and Pakistan. The writer is a retired chief justice of High Court of Delhi, India E-mail: