The special court hearing the 26/11 terror attacks case on Monday rejected the plea of alleged accused Sabauddin Ahmed seeking to examine suspected Lashkar-e-Tayyeba (LeT) operative David Coleman Headley as court witness.
The court said it had rejected a similar plea earlier and no fresh grounds have been made by Ahmed in his application.
Special Public Prosecutor Ujjwal Nikam opposed the plea saying Headley would be treated as an accused and not as a witness in the case, if ever extradited to India.
Nikam said Headley was part of one of modules formed by the LeT and had carried out the task entrusted to him independently and Ahmed was part of another LeT module.
Sabauddin, a suspected local LeT facilitator of the terror attacks, had attached a copy of the guilt plea bargain between Headley and the US government to his application.
The court, however, said it cannot take cognisance of the copy as it was downloaded from a website and was not an authentic copy.
In October 2009, the US Federal Bureau of Investigation had arrested Headley for allegedly carrying out detailed surveillance of city landmarks to facilitate the terror strikes in which 166 people were killed.
Sabauddin, who hails from Uttar Pradesh, is facing serious charges such as conspiracy and waging war against the nation along with Goregaon resident Fahim Ansari and captured Pakistani gunman Mohammed Ajmal Amir Kasab.
Nikam on Monday insisted that Ansari and Sabauddin, along with Kasab, be held guilty for killing 166 people saying there was enough evidence to convict them for conspiracy.