Mumbai: An inadequate 35-year jail sentence for Mumbai attacks plotter David Headley notwithstanding, Special Public Prosecutor Ujjwal Nikam opined on Friday that the alleged CIA double agent should be made an approver in 26/11 case in Pakistan, and could, thus, be used to nail Hafiz Saeed. Saeed, the alleged mastermind of the 26/11 attack, continues to roam free in Pakistan owing to Pakistani authorities claims of not having enough information about Saeed to charge him with terrorism charges.
India, on its part, has provided enough evidence about Saeed’s involvement in 26/11 attacks. Even Ajmal Kasab, the lone surviving gunmen nabbed by Indian security agencies, had confessed of Hafeez Saeed's active involvement in the Mumbai massacre.
"It is important to note that Headley had agreed in his plea bargain to give evidence from the US in respect of 26/11 terror attacks to India or Pakistan. As this has been done, it is for Pakistan to book Headley as one of the accused in the 26/11 case being tried in that country," Nikam, who was the public prosecutor in 26/11 attacks case, told PTI.
"Pakistan should turn him an approver and record his evidence through video link even against LeT leader Hafiz Saeed because the neighbouring country has been saying that it has no evidence," he said, adding even Ajmal Kasab, the Pakistani terrorist hanged recently for his role in the 26/11 attacks, had implicated Saeed in his confession.
"As Headley has confessed to his role in the 26/11 conspiracy, his evidence is very important as he might have interacted with almost all top functionaries of LeT for completing its mission of killing scores of people in Mumbai to create a scare worldwide," said Nikam.
Headley has already given sensational information to US authorities and it is now for them to compel Pakistan to take action against people behind 26/11 strike, he said.
According to American law, Nikam said, if a prosecuting agency enters into a plea bargain with an accused, both the agency and the accused have to discharge their respective obligations.
Had Headley been tried in India he would have got death penalty because he had played a major role in the 26/11 conspiracy by interacting with LeT as well as some army personnel of Pakistan, Nikam added.
(with PTI inputs)