A special Terrorist and Disruptive Activities Act (TADA) court on Friday asked why Pakistan-born American terror operative David Coleman Headley was not made a wanted accused in the November 26, 2008, terror attacks.
The court is currently presiding over the trial of Lashkar operative Syed Zabiuddin Ansari alias Abu Jundal in the 26/11 case.
On October 8, special public prosecutor Ujjwal Nikam filed an application before special judge G.A. Sanap saying that Headley should be tried along with accused Jundal, as the American national was not tried under the Indian law for terror conspiracy.
ADVERTISEMENT
Mr. Nikam argued that the American court, which convicted Headley under several charges for playing an active role in 26/11, was not competent to try him for offences under the Indian Penal code, especially on the charge of criminal conspiracy under section 120B.
The court will pass the order on the application on November 18.
However, judge Sanap took expectation to the prosecution’s approach of relying upon the evidence collected by the US authorities.
ADVERTISEMENT
“He [Headley] should have been made a wanted accused. You are coming with evidence collected by others,” the court said.
The court also asked why the Mumbai police had not launched an investigation into Headley’s role after his arrest was disclosed.
Headley, who confessed to his role in the 26/11 attacks to the U.S. authorities, is accused of conducting a recce of targets.