David Headley, that Pakistan-born American operative of the terrorist organisation Lashkar-e-Taiba, was on Thursday granted a pardon and made an approver in the 26/11 attacks case. Security agencies had sought to make him an accused in the case.
What is Headley’s role in 26/11?
Headley has been convicted as a key conspirator in the 26/11 attacks that left 164 dead and 250 injured. Headley has been convicted of providing the terror group with videos and useful information about safe landing points for the attackers on the night of November 26, 2008.
In 2009 he faced prosecution charges in US for the deaths of six Americans lives in the Mumbai attacks. He was convicted and sentenced to 35 years in jail.
While convicting him a US court noted that LeT operative and 26/11 key plotter Sayed Zabiuddin Ansari alias Abu Jundal was Headley’s co-conspirator.
What did Headley tell the Mumbai court?
Headley told the sessions court that he was ready to depose as a prosecution witness if he was pardoned.
Special public prosecutor Ujjwal Nikam told the court that the prosecution was agreeable to Headley’s offer.
“I have received the charging document filed against me in this court. It charges me with same conduct for which I was charged in the US. I had pleaded guilty to the charges in the US and I admitted that I was participant in these charges,” Headley said.
“I accepted responsibility for my role in those offences in my plea agreement (in US). I also agreed to make myself available as a witness in this court. I appear here ready to answer questions regarding these events if I receive a pardon from this court,” he said.
What did the Mumbai Court say?
A Mumbai court made him an approver in the case , a move that may unravel the conspiracy behind the brazen terror assault.
Headley will depose again through video conference on February 8.
The court added that pardon was being granted on the condition that he would reveal “every fact”.
What is an approver?
As this Delhi High Court document notes : The term “ approver ” is neither defined nor used in the Criminal Procedure Code, but is usually applied to a person, supposed to be directly or indirectly concerned in or privy to an offence to whom a pardon is granted under Section 337 of the Code [Section 306 of new Code] with a view to securing his testimony against other persons guilty of the offence.
So David Headley is expected to co-operate with the security agencies of India and provide them with evidence about the LeT, its members who have been arrested and those who are still to be caught. For this he will not be prosecuted or sentenced to jail in India.
What’s Headley’s role as a prosecution witness now?
Being an approver, Headley is first expected to provide evidence against Sayed Zabiuddin Ansari who goes by the alias Abu Jundal. Jundal who is currently facing trial was once Headley’s co-conspirator, but there has been no direct evidence of it.
Other than that it is expected of him to reveal information on Mumbai attack mastermind, Hafeez Muhammad Saeed, who is also the founder of the LeT.
The Mumbai attack involved other LeT operatives like Zaki-ur-Rehman Lakhvi, Abdul Wajid, Mazhar Iqbal, Sadiq, Shahid, Jamil Ahmed and Younas Anjum, whom Headley could give evidence against.
Lakhvi was granted bail last year and was released from the Adiala Jail on April 10 after the Lahore High Court set aside the government’s order to detain him under a public security Act. Presently, he is out on bail and living at an undisclosed location.
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