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Friday, Jul 16, 2010
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NIA withdraws plea seeking NBWs against Headley, Rana

Jiby Kattakayam

NEW DELHI: The National Investigation Agency (NIA) on Thursday withdrew from a court here its application that sought issuance of non-bailable warrants (NBW) against David Coleman Headley, Tahawwur Hussain Rana and six others for plotting attacks in India.

It, however, filed a fresh application seeking NBWs against the six others. Among them is Jamaat-ud-Dawa chief Hafiz Saeed.

Justifying the exclusion of Headley and Rana before District and Sessions Judge S.P. Garg at the Patiala House court here, the NIA said its officers received access to interrogate Headley and Rana, who were now in custody in the United States. India had an extradition treaty with the U.S.

The six others were residents of Pakistan, with which India had no extradition treaty.

Counsel for the NIA argued that an NBW would help in their arrest, either through issuance of an Interpol Red-Corner Notice or through diplomatic channels.

One of the provisions for issuing an Interpol Red-Corner Notice was the issuance of warrant for arrest.

Previous judgments

The NIA counsel cited previous judgments in the CBI vs. Dawood Ibrahim Kaskar case, Ottavio Quattrochi vs. Government of India case and Jugal Kishore More vs. Government of West Bengal case to show that a magistrate had the jurisdiction to issue non-bailable warrants against persons residing outside India if they evaded arrest.

The NIA submitted the case diary to the court for its perusal.

The Judge said the court would take up the matter for hearing on July 20.

Besides Saeed, the others are Zaki-ur-Rehman Lakhvi, Karachi residents Sajid Mir alias Wasi and Abdur Rehman Hashim and the Pakistan Army's Major Iqbal and Major Sameer Ali.

They have been charged under the provisions of the Indian Penal Code, the Unlawful Activities (Prevention) Act and the SAARC Convention (Suppression of Terrorism) Act for waging war against the Indian government, conspiracy and procuring arms and ammunition.

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