For 26/11 justice, it's Pakistan which needs David Headley’s deposition more than India

India may build its strongest case exposing ISI-LeT conspiracy behind the 26/11 strikes with Headley now baring details in an Indian court. This falls in the government’s paradigm of name-and-shame the state-sponsored terror. But for 26/11 justice, it’s Pakistan which needs Headley’s deposition in its court more than India. Pakistan’s insincerity in bringing the real masterminds of 26/11 to justice is exemplified by its approach to Headley.

Pakistan, unlike India, has not got Headley to depose in the anti-terrorism court in Pakistan where a 26/11 trial is on for the last seven years. Pakistan also never sent an investigating or judicial team to the US to speak to Headley.

This is despite Headley being a key piece of the conspiracy hatched in Pakistan and him coming to India on seven reconnaissance trips straight from Pakistan. Headley’s plea agreement with US in 2010 – by which he escaped a death penalty and extradition—committed him to depose in any foreign judicial proceeding from US through video-conferencing.

Pakistani prosecutors, who have struggled to impress their court with adequate evidence leading even to the court granting bail to LeT commander Zaki-Ur-Rehman Lakhvi in 2014, could easily find the material they need in Headley’s deposition in their own court. Pakistan, insincere as it is, has not opted for it on purpose.

Former Home Secretaries like RK Singh and GK Pillai who have sat on the table with Pakistan counterparts to seek 26/11 justice have been witness to a vicious circle. Pakistan seeks ‘evidence’ from India; India says it has already given the ‘leads/material’ and ‘evidence’ lies on Pakistani soil if the leads are faithfully probed. We had 9 bodies, Ajmal Kasab and their guns – execution of 26/11 strike was here but conspiracy was in Pakistan so what else can India offer, former home secretaries have reasoned with Pakistan. Headley’s availability on the video-link becomes vital to break this impasse.

He is in a US prison, not an Indian. Pakistan hence cannot allege he is deposing under duress if it brings him on a video-link before its court. Pakistan, however, does worry about Headley nailing LeT chief HafizSaeedandthreepersonswhoseexistence Pakistan has never even accepted -LeT commander Sajid Mir and ISI Majors Salim Ali and Iqbal – though Interpol has Red Corner Notices against them.

They expose the state’s link to 26/11 – a door long shut by Pakistan on India. As a spook quipped: the $10 million US bounty for ‘evidence’ that leads to Saeed’s arrest may well be given to Headley.