Pune (Maharashtra) [India], May 18 : Senior advocate Ujjwal Nikam, the special public prosecutor in the 26/11 Mumbai terror attacks case, has said that the US court's approval for the extradition of case accused Tahawwur Rana to India is a "great victory" for the country.
According to Nikam, this is the first time that the US government has relied upon evidence by the Indian investigating agencies.
"The order of the American court extraditing Tahawwur Hussain Rana is a great victory for India. It is for the first time, according to my knowledge, that the American government has heavily relied upon Indian investigating agencies' evidence," Ujjwal Nikam told ANI.
"I'm glad that when I was conducting the trial against one of the Indian accused, Abu Jindal, who was also in the control room which was constituted in Pakistan during the terror attack of 26 November on Mumbai, David Hadley before the attack had visited Mumbai. After the attack had visited Mumbai, he had taken the photographs and he handed over the photographs of the targeted places to the Lashkar-e-Taiba," he added.
Nikam's statement comes after the US court approved the extradition of Tahawwur Rana to India where he is sought for his involvement in the 2008 Mumbai terror attacks. Ujjwal Nikam said that David Headley was convicted by an American court for 35 years. He said that there was a plea bargain agreement between the American government and David Headley that he will not be taken to India. He said that Headly had named Tahawwur Rana.
Speaking to ANI, Nikam said, "David Headley was convicted by an American court for 35 years. It was a plea bargain agreement whereby it was agreed between the American government and David Headley that he will not be transferred either to India, Pakistan, but he can give the evidence by using this plea bargain. We (Indian government) have decided to tender pardon to David Headley and accordingly, we have made him an approver giving a more detailed scope of the entire criminal conspiracy.
"David Hadley had named Tahawwur Rana because David Hadley was guided by Tahawwur Rana for opening an immigration office in Mumbai and in person. So, in following that office, David Headley had taken the various photographs of the targeted places. David Headley had given the sensitive revelation disclosing the closed links between the Lashkar-e-Taiba that is Jamaat-ud-Dawa and that is the Pakistan army official," he added.
Ujjwal Nikam said that David Headley gave certain email correspondence exchanged between Lashkar-e-Taiba operatives as well as the Pakistanis people. He further stated, "I think the order of the extradition of Tahawwur Rana would be very clinching evidence so far as the further opening the scope of the entire criminal conspiracy."
The lawyer termed the Tahawwur Rana extradition order a "major breakthrough." He said that the order will help India in many ways for opening the gate of the criminal conspiracy.
"It's a major breakthrough because myself and the government of India's three high officials had visited Islamabad and we were very keen to see whether Pakistan is prosecuting the conspirators who had hatched the criminal conspiracy for the terror attack of Mumbai on 26 November. But Pakistani authorities were asking us to furnish evidence," Ujjwal Nikam said.
"After examining David Hadley, we have given the entire evidence but Pakistan did not act. But I think this extradition order of Tahawwur Rana would help us in many ways for opening the entire gate of the criminal conspiracy because Tahawwur Rana was working as a doctor earlier in Pakistan and he was working in the Pakistan army also for some time. That is what David Headley said. I think this is a very important catch for us," he added.
A US court had approved the extradition of Tahawwur Rana to India. Rana was arrested in the US on an extradition request by India for his role in these attacks in which 10 Pakistani terrorists in an over 60-hour siege, attacked and killed over 160 people including 6 Americans.
The US court consented to the Indian request, through the US Government for his extradition. Tahawwur Rana has been accused by the Indian government of participating in the planning and execution of the Lashkar terrorist attacks in Mumbai by collaborating with his childhood buddy David Coleman Headley, also known as "Daood Gilani," and others.
"The Court has reviewed and considered all of the documents submitted in support of and in opposition to the Request and has considered the arguments presented at the hearing," US Magistrate Judge of the US District Court of California, Judge Jacqueline Chooljian, said in a 48-page court order dated May 16, which was released Wednesday.
"Based on such review and consideration and for the reasons discussed herein, the Court makes the findings set forth below and certifies to the Secretary of State of the United States the extraditability of Rana on the charged offences that are the subject of the Request," the Judge wrote in the order.
Rana was convicted in Chicago in 2011 of providing material support to the Pakistan-based terror group Lashkar-e-Taiba, which planned the Mumbai terror attack and for supporting a never-carried-out plot to attack a Danish newspaper that printed cartoons of the Prophet Muhammed in 2005.
He was accused of allowing David Headley to open a branch of his Chicago-based immigration law business in Mumbai as a cover story and travel as a representative of the company in Denmark.
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