The TADA court in Mumbai on Thursday pardoned David Headley after he offered to become approver in the 26/11 case. The court agreed to Headley’s demand for pardon on the condition that he tells all on the 26/11 attack role of other conspirators. The next hearing is set for 8 February 2016.
David Coleman Headley, 55, is the Pakistani American who zoomed in on targets for the 26/11 terror attacks in 2008 by the Lashkar-e-Toiba. He is serving a 35-year jail term for his role in the attacks.
“Difficult to get such direct evidence”
Judge G A Sanap made Headley an approver subject to certain conditions and granted him pardon after the special public prosecutor Ujjwal Nikam told the court that the prosecution was agreeable to Headley’s offer.
“In case of a criminal conspiracy, it is hardly possible to get direct evidence. The accused was involved in the early part of the conspiracy which could be unearthed and proved if one of the co-conspirators comes before the court with a request to give full and true facts in his knowledge,” Sanap said while dictating his order.
“Evidence of a co-conspirator like Headley would be of immense importance to the prosecution. It is very difficult and hard to (get) such direct evidence and a first-hand account of the criminal conspiracy.” Sanap said.
Headley on video-conference
Headley, who is now serving a jail sentence in the United States, appeared via video-conference in the TADA court. He read out a prepared statement which said he would answer questions only on the condition that he is pardoned by the court.
Headley was produced from an undisclosed location in the USA. Reading from a prepared statement, he said that he has pleaded guilty on similar charges in the past in the US and that he would answer questions regarding the 26/11 terror attack if he receives pardon.
Following his statement, Judge G A Sanap adjourned the court for 30 minutes so the court could decide on this condition.
“Headley has proposed that he wants to become an approver provided he is given pardon. I have to discuss this issue with the investigating officers,” he said. Co-accused in the 26/11 attacks Abu Jundal was also produced through video-conferencing.
Headley, wearing mostly black, has four people by his side — Robert Seeder and John Theis, Assistant US Attorney Sarah Streicker and FBI agent Raymundo Nagera.
Headley’s statement, Nikam’s response
Headley read out a written statement after Judge Sanap read out the charges against him: “I have reviewed the charging documents filed against me in this court. It charges me with the same conduct for which I was charged in the United States. I have pleaded guilty in the past to the charges in the United States and I admitted I was a participant in the charges. I accepted responsibility for my role in those offences in my plea agreement. I also agreed to make myself available as a witness in this court. I appeared here ready to answer questions regarding these events if I receive a pardon from this court. That’s it. Thank you,” Headley said.
In his response after a half hour break, Nikam told Headley: “After having made a conscious decision, we are ready to accept the request to tender pardon under certain terms and conditions.”
“Headley would unfold the conspiracy and strengthen the case against Jundal (Ansari),” is Nikam’s line because there is as yet no ‘direct evidence’ of criminal conspiracy hatched outside India.