Mumbai: Pakistan should adduce evidence of
terror convict David Headley by making him an approver in the
26/11 attacks case instead of asking India to send Mumbai
magistrate R V Sawant Waghule to testify in a court there,
special public prosecutor Ujjwal Nikam said on Friday.
"If Pakistan is really interested in punishing the
perpetrators of the 26/11 attacks, why have they not
considered adducing evidence of Headley as an approver through
video conference," asked Nikam, who conducted the 26/11 trial
in a special court here.
Asked about his reaction to Pakistan`s request to
India on examining evidence of magistrate Sawant Waghule, who
had recorded the confession of lone captured terrorist Ajmal
Kasab, Nikam said it was prerogative of the government to
"But if Pakistan`s investigating agency wants to make
Kasab as a wanted accused, then was it necessary for them to
implead Headley as one of the wanted accused since he was a
conspirator of 26/11 terror attacks," Nikam told PTI.
According to the provisions of Pakistani criminal
code, they can turn Headley into approver and adduce his
evidence through video link not only against the perpetrators
of crime but also against those who had actively assisted in
facilitating 26/11 terror acts and who are still at large,
One of the conditions imposed by a US court in the
plea bargain of Headley was that he can give evidence in
Pakistan also and therefore his evidence can be recorded
through video link, Nikam said.
"Headley`s evidence would expose the gravity of the
26/11 conspiracy and Pakistan should evince keen interest in
leading his evidence if they wanted to fight against terror."
Kasab has already given a judicial confession in the
trial court here in accordance with Indian Evidence Act
implicating himself and co-accused in Pakistan. His confession
can be used against co-accused as well, Nikam said.
However, Kasab`s trial is over and the question of
trying him in Pakistan is improbable because according to
Pakistan law it would be marred by double jeopardy, he said.
"Therefore to ask for examination of the Mumbai
magistrate in a Pakistan court for proving confession of Kasab
is just beyond my imagination," Nikam said.
Both, Waghule and Investigating Officer Ramesh Mahale
were already examined in the trial court here and their
evidence was forwarded to Pakistan, Nikam said and wondered
what purpose it would serve to examine them again in a