David Headley is pardoned, turns 26/11 approver

Headley stated 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.

Written by Srinath Rao | Mumbai | Updated: February 8, 2016 10:09 pm
david headley1 Headley was pardoned on the condition that he make full disclosure of the criminal conspiracy behind the attacks.

David Coleman Headley, the Pakistani American who scouted targets for the 26/11 terror attacks in 2008 by the Lashkar-e-Toiba, was granted pardon by a Mumbai special court and made an approver and a witness in the case against plotter Zabiuddin Ansari alias Abu Jundal.

Headley was pardoned on the condition that he make full disclosure of the criminal conspiracy behind the attacks as well as his role and those of others in it. His statement will be recorded by a TADA court on February 8, 2016.

With pleas for his extradition repeatedly denied, Headley (55) appeared before the court through video-conference from an undisclosed location in the United States where he is serving a 35-year jail term for his role in the attacks.

David Headley Timeline

In the court, TV screens were mounted on opposite walls on either side of the judge’s dais. From Arthur Road Jail, Ansari occupied one screen while the other screen had two views — a yellow table where Headley would take his place, and a conference room in Washington where Mark Tellitocci, from the Office of International Affairs at the US Department of Justice, watched the proceedings with Nandkumar Mishra, minister at the Indian Embassy in Washington and J S Parmar, an attache at the embassy.

Read Also: In jail memoir, Headley recalls 26/11, LeT training, polygamy 

Joint Commissioner of Police (Crime) Atulchandra Kulkarni was in attendance as were policemen in plainclothes.

Wearing a cream half-sleeve shirt, Ansari appeared on the screen first and Judge G A Sanap asked him if he could hear and see the court proceedings. “Ji sir,” he replied. Those would be Ansari’s only words all evening.

Sanap then addressed Headley, asking him his full name, age and address. “My name is Dawood Geelani. Also I go by David Headley,” he said. The address would not be disclosed.

Read Also: The Headley Plan

The judge told Headley that he faced charges of hatching a conspiracy with the LeT, waging war against the government of India, intentionally aiding and abetting (LeT) knowing that it would kill 166 innocent persons and injure 237 between November 26 and November 28, 2008, as well as under the Unlawful Activities (Prevention) Act.
Headley was wearing a black short-sleeve coverall, and was flanked by his attorneys, Robert Seeder and John Theis, Assistant US Attorney Sarah Streicker and FBI agent Raymundo Nagera. He announced his readiness to answer questions of the court if he was given a pardon.

Headley read out a prepared statement after Sanap read out the charges levelled against him by the Mumbai Police crime branch and asked if he had anything to say.

“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.

His final sentence took the judge by surprise, who was simultaneously dictating the statement to his stenographer. “…pardon from this court?”

Special Public Prosecutor Ujjwal Nikam then sought half an hour to consult the police. When he returned after 7.30 pm, Nikam said, “after having made a conscious decision, we are ready to accept the request to tender pardon under certain terms and conditions.”

Admitting that the case rested on circumstantial evidence, and that there was no direct evidence of the criminal conspiracy hatched outside India, Nikam argued that “Headley would unfold the conspiracy and strengthen the case against Jundal (Ansari).”

Sanap asked Headley if he had been threatened or pressurised by anyone to give evidence. He replied, “I am obliged because of the plea agreement.” Not receiving an answer in yes or no, the judge tried again: “Give straight answers like straight submissions made by the prosecutor.” Headley amended his earlier answer, “except the pressure of the plea agreement”.
Dictating

his order in open court, Sanap observed: “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.”

He said the seriousness of the crime and the “possible evidence” which could come on record had to be considered. Adding that police was “fortunate” that Headley had willingly expressed the desire to unfold the conspiracy, the judge said “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.”

He also detailed in his order that it would be “very difficult” to bring the “best evidence” on record if the pardon request was rejected.

Headley has been ordered to disclose full and true facts relating to the 26/11 attacks conspiracy, his role in the conspiracy and those of other co-conspirators, all facts he had disclosed to the American court and lastly, “truthfully and correctly” answer all questions answers posed by the prosecution. Asked if he understood the terms and conditions, Headley replied, “Yes.”

As one of Headley’s attorneys turned to the judge for a clarification, Nikam declared, “Now David is my witness also.” Sanap was quick to cut him down: “You are taking credit. He is a court witness.”

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First Published on: December 11, 2015 2:44 am
  1. N
    naidu kare
    Feb 11, 2016 at 2:13 pm
    will they pardon hafeez said too
    Reply
    1. R
      Rajnath_Singh
      Dec 10, 2015 at 5:42 pm
      He will be made Home Minister soon.
      Reply
      1. J
        Javed
        Dec 10, 2015 at 4:36 pm
        So, what the thoughts of the "seculars" & Award returners? Interestingly in USA, no Muslim seems to be returning any awards or feeling the impact of Intolerance enough to leave that country. I wonder what would Amir Khan and SRK would have done if they were US citizen? Leave USA & move to more tolerant societies like stan?
        Reply
        1. S
          Sickening
          Dec 10, 2015 at 5:46 pm
          Headley will be acquitted like Salman Khan. Even terrorists can open Swiss Bank account in an Indian judges' name.
          Reply
          1. J
            JJ
            Dec 11, 2015 at 10:51 am
            Really? Pardoned?? The man who directly made 27/11 happen??? There's something wrong and broken here - NO NO there's got to be PIL there's got to be some justice: India will look stupid if Hadley is pardoned when Sanjay Dutt spent years in jail for just buying guns - redemption is in retribution - Hadley needs no pardon because what he says against others or does not is immaterial - India does not need the word of a lowest of low filth to prosecute others - This piece of excitement was killed in a Bollywood film and in all of most horribly and evilly deformed of Men that can be and a court pardoned this man? Only in Mumbai? Are you going to take it India? Nirbhaya juvenile gets off on technicality and Hadley for .. what? Criminals commit dastardly crimes and your courts let's them free? What's going on?
            Reply
            1. A
              Amit Vishvanath
              Dec 11, 2015 at 9:01 pm
              Why to wait till Feb 2016??Why is the legal system so slow?? Within two days of attacks Paris government found the culprits and killed the and our government is unable to do anything at all. Hats off!!
              Reply
              1. M
                mumbai
                Dec 10, 2015 at 6:20 pm
                all powerful talks!! brave challenges we hear before 2014 elections have become jokes. Please review them again and really you will enjoy the fun.
                Reply
                1. A
                  arc
                  Dec 10, 2015 at 5:14 pm
                  There was no way India could have laid its hands on Headley. Neither sanghis nor their opponents could ever get him to india. It is clear a deal has been cut between indian govt and US govt on Headley. The only purpose this serves is that Headley may reveal names and other details of the mumbai attacks. If this implicates more stani planners of the attack and in particular provide details of pak ISIand army's role, India will have scored sime brownie points. That's about all. As far as Hafeez sayeed is concerned, I an sure pak will never try him, let alone send him to India to stand trial.
                  Reply
                  1. D
                    dr md
                    Dec 10, 2015 at 3:55 pm
                    Western knot.......
                    Reply
                    1. S
                      Sreenivasan
                      Dec 11, 2015 at 12:23 pm
                      It shows our good relationship with USA. They have asked us to pardon this American. They also asked us to talk to Pak immediately. Now the people who were working for sending secular people to stan will have to hide their faces from public view. They never expected it.
                      Reply
                      1. R
                        ramesh
                        Dec 10, 2015 at 7:24 pm
                        166 people killed in a terror attack and this terrorist is being pardoned ? what is happening in India ? modi does a U-turn and is willing to discuss J&K with stan , terrorists are being pardoned ....what next ? bharat ratna for dawood ibrahim ?
                        Reply
                        1. सुषमा
                          Dec 10, 2015 at 6:07 pm
                          I hope that the pardon conditions include a clause that he hands over whatever material evidence he has. Only his word may not be good enough to convince the international community of stani Governments complicity in the matter.
                          Reply
                          1. M
                            Manoj
                            Dec 11, 2015 at 3:16 am
                            Nothing will be good enough for Pak, that I can ure you. This was an ISI conspiracy, and it is extremely unlikely. We have to get enough material to charge Pak with being state sponsor of terrorism, that's all. Then we can drag them to ICJ.
                            Reply
                            1. M
                              Manoj
                              Dec 11, 2015 at 3:15 am
                              You have a better idea? Lets hear it, but I doubt you have anything more than troll comments.
                              Reply
                              1. m
                                michelle_vedic_human
                                Dec 11, 2015 at 6:08 am
                                hedley pardoned,---sushma, shsrrif peace process continues,-----hafeez holts the peace process,----headley spills the beans,----as usual stan asks for proof,---peace process paussed,----then??????,-----20 ceasefire violations at loc follows,-----back to square one,----60 years on,----same story continues to carry on.
                                Reply
                                1. R
                                  rock n
                                  Dec 11, 2015 at 10:35 am
                                  World should know that he was double agent of CIA.How can USA give away his agent to India and punish him in which CIA was indirectly involved. Being double agent of CIA and ISI, it was crucial for India to get him back. but gain UPAII failed as well as NDA govt.
                                  Reply
                                  1. R
                                    rj
                                    Dec 27, 2015 at 11:05 am
                                    it's 26/11
                                    Reply
                                    1. N
                                      Nampurath Krishna
                                      Dec 10, 2015 at 3:05 pm
                                      What is the use if he gets approver?? Would the prosecution be able to hang the main culprits who are based in stan?? The main conspirator - dreaded spy agency of stan the ISI - is it possible to put it on dock?? Even after meeting his demands what is the surety that he'd spill all the truth about the conspiracy, he would not attempt to bail out his godfathers of stan based terrorist organisations and the very spy agency ??
                                      Reply
                                      1. S
                                        shabana
                                        Dec 10, 2015 at 5:06 pm
                                        Donald trump is screaming for non entry of muslims in US. though many criticises him, nobody seems to returning awards, nobody is saying US is intolerant. very likely Donald trump may become president of USA.
                                        Reply
                                        1. N
                                          Nityananda
                                          Dec 11, 2015 at 8:22 am
                                          I thought only the President can grant a pardon . Hre we find a judge of a special court granting a pardon. Will the SC look into this ?
                                          Reply
                                          1. D
                                            David
                                            Dec 11, 2015 at 4:05 am
                                            Fooled. People don't get fooled. Yes, its ISI, stan supported Jihadis and which other major world power involved in the Mumbai carnage. The USA looks really bad in this. Why are they shielding Mr. Hadely, what are they trying to hide, whose involvement are they trying to hide; was it intentonal to hurt India economically through a third party. Giving a few hours of access to Mr. Hadley is not worth it. At the least Mr. Hadley should be extradited to India for a week. This reflects a lot on our leadership and how impotent they are.
                                            Reply
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