Mumbai: David Coleman Headley, the Pakistani -American Lashkar-e-Taiba (LeT) terrorist serving time in the US, must be produced in the 26/11 case on 10 December by video-conference, a Mumbai court directed on Wednesday while allowing a plea by the Mumbai police to make him an accused.

“Your exhibit (application) is allowed," said judge G.A. Sanap. The Mumbai police on 8 October had moved an application before the court saying that Headley (who is currently serving 35 years in an American prison for his role in the terror attacks) deserves to be tried by this (Mumbai) court together with 26/11 key plotter Sayed Zabiuddin Ansari alias Abu Jundal as both of them are conspirators and abettors behind the dastardly strikes on 26 November 2008.

The court is presently trying Jundal for his alleged role in the case. Speaking to PTI, special public prosecutor Ujjwal Nikam said, “David Headley has been joined as an accused along with Abu Jundal (in the 26/11 case) and the court has taken cognisance of offences against Headley." The police had pleaded that the (Mumbai) court may kindly issue a Letter of Request to US district court of Illinois to produce Headley before this (Mumbai) court through video-conferencing.

The offences with which Headley is likely to be charged by this court are distinct and separate than the offences with which he had been charged and punished in the US, police said. The police had prayed that the court may proceed (the trial) against Headley after taking cognizance of the offences committed by him. In the application, the Mumbai police had said that from the judgement passed by the US court against Headley, it was clear that he was a member of LeT and he had played an active role in the criminal conspiracy in the terror attack.

The application also said that Headley has entered into a plea agreement with US in 2010 and thereby willingly and voluntarily agreed that he has committed the conspiracy. It is evident, the police had said, that Headley has committed the offences of conspiring with LeT for committing illegal acts in India; waging war against the government of India and offences under the Unlawful Activities (Prevention) Act.

He has also been accused of intentionally aiding and abetting the LeT in Pakistan for committing illegal acts in Mumbai, mischief by fire with intent to destroy Hotel Taj, Oberoi and Nariman House, offences under Explosives Act and Explosives Substances Act as also under the Prevention of Damage to Public Property Act. A native of Beed district of Maharashtra, Jundal was interrogated after he was brought here from Delhi where he had been arrested following his deportation from Saudi Arabia in June 2012.

The Mumbai terror attacks of November 2008 left 166 dead and many more injured. The charge sheet has details about Jundal’s training in Pakistan, preparations ahead of 26/11, LeT hierarchy, the precise role played by those involved and other details. According to Jundal’s confession, LeT training camps enjoyed full support from local, federal police and paramilitary organisations in Pakistan. As per the chargesheet, after fleeing Maharashtra, Jundal entered Bangladesh in May 2006, where he was received by an Inter-Services Intelligence Directorate (ISI) agent. He then used a boarding pass issued in a fictitious name to fly PIA flight to Pakistan. In Maharashtra, Jundal is also accused of involvement in Aurangabad arms haul case, 2010 German Bakery blast case in Pune, and Nashik police academy attack conspiracy case. In the case Mohammed Ajmal Amir Kasab was caught alive and later he was tried in court and was executed.

Close