Headley to be tried as joint accused in 26/11 attack case

Nov 19, 2015, 07:01 IST | Sailee Dhayalkar

On Wednesday, the special TADA court looking into the November 26, 2008 attack case allowed the application filed by the prosecution to make Pakistani-American Lashkar-e-Taiba (LeT) terrorist David Coleman Headley an accused. Headley will be tried with Abu Jundal, another LeT terrorist accused in the attack case.

David Coleman Headley allegedly conducted a recce of targets before the Mumbai terror attacks
(Inset) David Coleman Headley allegedly conducted a recce of targets before the Mumbai terror attacks

The Special TADA Court Judge G A Sanap while pronouncing the order said, David Coleman Headley is a joint accused with Jundal. Judge Sanap said, “Issue summons to Headley through the US District Court for appearance before this court on December 10. The necessary letter of request will have to be issued for the presiding officer and Attorney General of the US through the Department of Justice of the US for production of Headley on December 10.”

On October 8, the prosecution had filed an application before the TADA court, which said that LeT member David Headley should be tried along with accused Abu Jundal, in the interest of justice, in the 26/11 terror attacks case of 2008 in which 166 people were killed and 238 injured.

The application also requested the court to write to the United States Department of Justice, and requested that Headley attend the next date of Jundal’s trial via videoconferencing.

While arguing for the application before Judge Sanap, Special Public Prosecutor Ujwal Nikam said that the American court wasn’t competent to try Headley for offences under the Indian Penal Code. The charges under which he was convicted before the US court and the charges against him in India are totally different, argued Nikam.

Headley, accused of conducting a recce of targets before the Mumbai terror attacks, was sentenced to 35 years imprisonment by an American court after he entered into a plea bargaining agreement with the US government.

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