The Mumbai police on Thursday filed an application to name David Coleman Headley, a US citizen of partly Pakistani descent, a conspirator in the November 26, 2008 Mumbai terror attack along with Lashkar-e-Taiba (LeT) operative and key handler Abu Jundal. The court is likely to rule on the application next week.
The application to declare Headley a conspirator was filed after the court on Wednesday allowed the prosecution to bring documents related to Headley on record.
These include a copy of his indictment of January 14, 2010; a certified copy of the plea agreement (dated March 18, 2010) between the US and Headley; and a copy of the judgment, dated January 24, 2013.
In 2010, Headley pleaded guilty before a US court, confessing his role in terror attack and admitting he had carried out a reconnaissance of targets in Mumbai for LeT.
On January 24, 2013, the US court sentenced him to 35 years in prison for his role in the Mumbai attacks. However, under the terms of his plea bargain with prosecutors in the US, Headley cannot face the death penalty or be extradited to India, Pakistan or Denmark.
The prosecution in the 2008 terror attack case has asked that Headley be produced before the sessions court via video conferencing and his trial be conducted along with Jundal’s.
It has asked the court to issue a letter of request to the US court and the US department of justice to enable this. The prosecution also said that the offences Headley is likely to be charged with here are distinct and separate from those for which he had been tried and convicted in the US.
The prosecution’s application states, “Headley deserves to be tried by a court here together with the accused Jundal as Headley and Jundal are conspirators and abettors behind the terror attack of 26 November 2008… The documentary evidence brought on record of the present trial clearly reveals that Headley played an important and active role in achieving the object of the criminal conspiracy.”
Headley provided videos of various locations in Mumbai to LeT, which were used to carry out the attacks.
He also provided useful information about safe landing points for the attackers on the night of November 26, 2008.