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This is an archive article published on April 22, 2011

26/11: Letter Rogatory to Pak

More than two years after the 26/11 attack,the National Investigation Agency has finally got permission to send the first letter rogatory.

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More than two years after the 26/11 attack,the National Investigation Agency (NIA) has finally got permission to send the first letter rogatory (LR) — a formal request from a court to a foreign court for judicial assistance — to Pakistan in connection with the case.

This will be the first time that such a judicial request is being sent to Pakistan in connection with a terror case,and comes soon after the Home Secretary level talks between the two countries.

If the Pakistan government allows the LR to be served,a team from NIA may also be sent to Pakistan to carry out investigations,said officials in the Ministry of Home Affairs.

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“The case related to David Coleman Headley and Tahawwur Hussain Rana was registered by NIA in 2009 and documents collected during the two-year probe were submitted at a Delhi court. The court on Thursday issued orders to the NIA to serve the LR to Pakistan,” said an official. “The LR request will be sent to MHA,and then to Pakistan through the Ministry of External Affairs.”

Officials familiar with the development told The Indian Express that the agency had submitted the details regarding investigation including Headley’s confession statements,results of a polygraph test on five people from Mumbai who met Headley and Rana during 2005-06 and evidence collected from US and trial of Ajmal Kasab.

“The court had observed that for the investigation to be carried out,a LR needs to be sent to Pakistan,” added an official.

The NIA is yet to receive a copy of the order but top officials confirmed the developments and said the LR was issued under section 166 A of CrPC.

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While issuing the LR,the court also instructed the NIA to carry out investigations related to JuD chief Hafiz Saeed and Zaki-ur-Rehman Lakhvi. A red corner notice has already been issued against the two.

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