First additional principal judge ML Tahaliyani on Monday made it clear that the special court conducting the 26/11 trial was not concerned with the arrest of David Coleman Headley. The judge rejected the application made by accused Sabauddin Shaikh seeking to make Headley and two others accused as conspirators in the case.
“How am I concerned about all this? I am only concerned about the charge sheet before me,” said the judge while rejecting the application.
Shaikh claimed that it is in the interest of justice to rely on the records of FBI since India and the US has an evidence sharing treaty. “The police has been mischievously concealed some vital evidence against the suspects,” said Shaikh’s lawyer, Ejaz Naqvi.
The court rejected the application on the ground that the Mumbai Crime Branch had not filed any FIR against the duo and hence it had no jurisdiction to try the persons held in Italy.
The Italian authorities, last week, arrested Mohammed Jangua and Aamir Jangua, accused of sending $229 to Callphonex, a voice-over internet protocol (VoIP) facility, in the US. The same facility was used by the Pakistani gunmen to converse with their handlers during the 26/11 attack.
The FBI, on the other hand, is investigating Headley for allegedly having planned an attack against the staffers of the Danish newspaper that had published the cartoon on prophet Mohammed. He is also believed to have conducted a recee of the 26/11 targets as he had stayed in Taj and Oberoi hotels prior to the attacks.
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