Court for Headley's presence, non-bailable warrants against Pak Army officials

Feb 18 2012, 18:59 IST
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SummaryNIA had accused Headley, Rana, Hafiz Saeed, 6 others for planning and executing terror strikes in India.

The NIA was today directed by a Delhi court to produce before it on March 13 Pakistani-American David Coleman Headley, his accomplice Tahawwur Rana, LeT founder Hafiz Saeed and 26/11 attack mastermind Zaki-ur-Rehman Lakhvi, accused of carrying out several terror attacks in India.

The court also issued non-bailable warrants (NBW) against Pakistan Army officials Major Iqbal and Major Sameer Ali, Al-Qaeda operative Illyas Kashmiri, Headley's handler Sajid Malik and former Pakistani Army officer Abdul Rehman Hashmi.

District Judge H S Sharma took cognizance of the chargesheet filed by the National Investigation Agency (NIA) against all the nine accused for their alleged roles in various terror acts in the country.

"In view of facts contained in the report (chargesheet) under section 173 of the CrPC, 1973 and the documents placed on record, I take cognizance against accused one to accused nine. I would like to add that the prosecution is still in the process of collecting more evidence which is permissible under section 173 (8) of the CrPC.

"Process to procure the presence of accused one to accused four (Headley, Rana, Saeed and Lakhvi) be got issued for March 13, 2012. NBWs against accused five to accused nine (other accused) have already been issued for that day," the judge said.

The court also allowed the NIA's plea to issue a letter of request to the Kingdom of Morocco for judicial assistance.

"What the NIA intends to do is to investigate the matter i.e. to collect more evidence. Without having the assistance of the court or the authority in Kingdom of Morocco, it would not be possible for the investigating agency to collect evidence against the accused.... The investigation can not be throttled," the court said, adding, the letter of request would be handed over to the NIA on February 29.

The NIA, in its charge sheet filed on December 24, had accused 51-year-old Headley, Rana, Saeed and six others for planning and executing terror strikes in India, including the 26/11 Mumbai attack.

The NIA had initially registered a case against Headley and Rana but after a thorough probe, seven other names were included in the case.

The charge sheet, which was filed after two years of probe by the central agencies, contained statements of 134 witnesses along with 210 documents and 106 e-mails.

Headley and Rana are at present in the custody of the US authorities and the NIA has only got a limited access to Headley who had

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