NEW DELHI: A Delhi court on Wednesday issued non-bailable warrants against two serving Pakistani Army majors and three LeT operatives, saying terror suspect David Headley had disclosed that they were involved in terror strikes in Delhi, Mumbai and other places from 2005 to 2009.
"Accused Headley, in his statement, has categorically disclosed the involvement of these accused in the terrorist activities including that of 26/11 Mumbai attacks," the district and sessions judge, Mr S P Garg said.
The court, which considered the statement of Pakistani-American Headley recorded at Illinois in the US by the National Investigation Agency, did not cite the disclosure made by him, saying "they are not being discussed in detail to maintain secrecy".
Headley was arrested by the FBI in Chicago in October last year and has been lodged in a detention centre there.
The judge issued NBWs against two Pakistani officers Major Iqbal and Major Sameer Ali along with Lashkar operatives Sajid Majid, Syed Abdur Rehman and Illyas Kashmiri.
The issuance of NBWs would help the NIA in getting red corner notices issued against them by the Interpol.
The court, however, did not allow the NIA plea seeking NBWs against the JuD chief, Hafiz Saeed and Lashkar’s operation commander, Zaki-ur-Rehman Lakhvi.
"Since the NBWs against them (Saeed and Lakhvi) have already been issued by a Mumbai court, in my view, no purpose would be served by issuing NBWs against them afresh in this case," the judge said in his eight-page order.
The court said the NIA can secure a special notice from the Mumbai court against Saeed and Lakhvi who have been branded as international terrorists in a UN resolution of 1999.
Earlier, the NIA provided details, including the inputs provided by the FBI, and documents in a sealed cover to the court to highlight the roles of the accused in the terror attacks here during 2005 to 2009.
"Headley has disclosed that the accused, in furtherance of their criminal conspiracy, continued to act in concert with other co-accused belonging to, or connected with, affiliated terrorist organisations for the purpose of knowingly facilitating such attacks at different places in India including Delhi," it said.
They were involved in a series of attacks from time to time and some of them visited India and other places for this purpose, the court said, asking the NIA to inform about the fate of NBWs on October 7, the next date of hearing.
The warrants came a day after links between terror networks and Pakistan’s official establishment as well as intelligence agencies were underlined by comments made by India’s national security adviser, Mr Shivshankar Menon.
His remarks came against the backdrop of Headley stating during questioning that Pakistani Navy trained 26/11 attackers and the ISI controlled the 60-hour-long Mumbai assault from beginning to the end.
The NIA had earlier withdrawn its plea for NBW against Headley and his associate Tahawwur Rana saying it was "untenable" in the changed circumstances.
"We want to withdraw the plea against Headley and Rana as one of them has been duly interrogated by us and they are in custody of the US with whom India has an extradition treaty," the prosecutor had said.
In the FIR lodged on November 11 last year, the NIA has booked them under various provisions of the IPC, the Unlawful Activities (Prevention) Act and the SAARC Convention (Suppression of Terrorism) Act, dealing with waging a war against the government of India, conspiracy and procuring arms and ammunition.
The FIR mentioned inputs provided by the FBI saying a detailed probe was required to unravel the entire conspiracy hatched by Headley and others to carry out terror attacks in the country.
Besides his various trips to India, Headley, in the guise of an immigration law consultant, had also come to Delhi from Abu Dhabi on February 7 last year and went back via Mumbai after nearly ten days, it said.