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Always Suspected ISI Hand in 26/11, Says Investigating Officer

Retired Investigating Officer of 26/11 attacks says Headley’s deposition confirms his stand that ISI was involved

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India
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Seated in a plastic chair at his humble living space in suburban Mumbai, former crime branch officer Ramesh Mahale appears to be a complacent man. Way back in 2008, in the aftermath of the 26/11 Mumbai terror attacks, Mahale had spent ninety sleepless days to file a chargesheet in the case. Although the 11,000-page chargesheet carried thorough evidence from meticulous investigations, there was one missing link – role of the ISI in the four-day long siege in Mumbai that killed 166. And now, with Pakistani-American terrorist David Headley’s deposition before a Mumbai court, Mahale says that the gap has been bridged.

“When I interrogated Abu Jundal, a Pakistani handler who was issuing instructions to terrorists at Nariman House, and Ajmal Kasab, the lone surviving terrorist in the attack, both of them said that ‘military men’ were involved in the conspiracy. When probed, they would say that a man would come dressed in military clothes, that people would throw salutes at him. They even named (Major) Sameer Ali (of the ISI) saying that he came to the Lashkar-e-Taiba (LeT) camp in a military vehicle and handed over 2000 bullets. But we could never say that Sameer Ali or any other conspirator belonged to the ISI. We discussed that these men might belong to the Pakistani military, may be ex-military, may be supporters of LeT. But we could never establish that the ISI was involved. And now, Headley has bared them,” says Mahale, 56, who chose voluntary retirement from the Mumbai police force three years ago.
Retired Investigating Officer of 26/11 attacks says Headley’s deposition confirms his stand that ISI was involved
David Headley, accused in the Mumbai 26/11 terrorist attack (Photo Courtesy: Next Big What)
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When asked if the revelation would prompt action against the ISI, Mahale shirks. “That is Pakistan’s call,” he says, “India does not have the authority to prosecute the ISI agents named by Headley. It’s extra-territorial jurisdiction. India and Pakistan, both countries have laws stating that only their own judiciary has the right to try a national of their country. They will obviously use this law and not hand over custody of the agents to us. That’s why they had conducted their own trial in the terror attacks and prosecuted seven of their men. But now, with these revelations in Headley’s deposition, international pressure is likely to build on Pakistan for bringing its men to justice. How they respond to the pressure is something we have to wait and see.”

Retired Investigating Officer of 26/11 attacks says Headley’s deposition confirms his stand that ISI was involved
Ajmal Kasab, one of the terrorists who attacked Mumbai on November 26, 2008. (Photo: Reuters)

David Headley, an LeT operative, deposed before the Terrorist and Disruptive Activities (TADA) court in Mumbai for 27 hours in the past week via video link from an undisclosed location in the US. Accused of scouting and video-graphing locations in Mumbai and passing information on to LeT before the attacks, Headley could not be extradited to India for his trial. He was convicted during in North America on terrorism charges, and sentenced for 35 years. After India could not arrange his extradition, he was granted pardon by the TADA court on the condition that he would reveal “every fact” about the conspiracy behind the Mumbai terror attacks. It was imperative to have him as an approver, India had said, as his deposition would help in the conviction of Sayyed Zaibuddin Ansari alias Abu Jundal, the handler who was extradited to the country from Saudi Arabia in 2012. Jundal, however, never featured in any of Headley’s answers.

“Of course he didn’t feature in the deposition,” says Mahale, “Headley had never met Jundal. There are several layers of men in a criminal conspiracy, and they’re all unaware of what the other is doing. Jundal was involved in the training of the ten terrorists in Pakistan, taught them Hindi, while Headley was close to the conspirators, was recceeing Mumbai. But Headley’s deposition has corroborated Jundal’s confession. Everything he has said before the court has matched Jundal’s confession. And according to our Criminal Procedure Code, his evidence is admissible in the court of law. Confession from an accused also holds merit, but Abu Jundal had retracted his confession after the chargesheet was filed. The Supreme Court, in several cases, has said that retracted confession can be used against the accused provided the prosecution has produced the corroboration on material point. Headley’s deposition is the material point, according to me. I am even confident now that Abu Jundal will be convicted.”
Retired Investigating Officer of 26/11 attacks says Headley’s deposition confirms his stand that ISI was involved
The Taj Mahal hotel is seen engulfed in smoke during a gun battle in Mumbai, November 2008. (Photo: Reuters)

Recollecting the days of hard work that went into preparing the case against Jundal and other conspirators, Mahale says that it took a coordinated effort of 98 investigating officers to gather all the evidence. “I feel proud,” he says, “Pakistan has been involved in various attacks on our country – 1993 blasts, 7/11, so many others. All these attacks were Pakistan-sponsored, either the LeT, the ISI or any other organisation breeding in their country. But 26/11 was the first case where Pakistan accepted that the conspiracy was hatched on its soil, and prosecuted seven people. They had never done this before, nor did they do after.”

And now, with Headley’s deposition, Mahale feels even more positive. “The deposition is extremely important for two reasons – it has exposed the role of the ISI and it has corroborated Jundal’s confession. Making Headley an approver was a good idea, if you ask me. We could not have tried him. Plus, he’s already 56 years old and is serving a 35-year sentence. By the time his jail time is done, he’ll be long gone. But before that happens, he has at least raised a few questions for Pakistan and its ISI, questions that we never had enough evidence for,” Mahale smiles contentedly, and gets up to leave for the lecture on investigation tactics he has to deliver at a police camp.

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