Pakistani-American David Coleman Headley, charged with conspiracy in the 26/11 Mumbai terror attacks, may not be present at a status hearing of his case scheduled next week in a court here.
The hearing, during which the court will be updated on the progress of the case, has been set for January 12 before Judge Harry Leinenweber in the US District Court in the Northern District of Illinois.
After his arrest, Headley had first appeared in the court on December 9 when he had pleaded not guilty to charges that he plotted terrorist attacks in India and Denmark.
US citizen Headley, along with another terror suspect Pakistani-Canadian Tahawwur Rana, were arrested by FBI in October last year. Indian investigators say that he conducted a recce of the Mumbai attack sites.
The FBI has also charged him with criminal conspiracy in the 26/11 attacks.
"It is possible that Headley will not be present for the hearing on Tuesday since his presence has been waived by the defence," a spokesman for US Attorney's office said today.
He said "nothing significant" is expected to happen during Tuesday's hearing for which Headley would be needed in the court. Headley's attorney John Theis said the January 12 hearing would be a routine matter during which the court would be updated by the defence and prosecution on the progress and status of the case.
Theis said no new plea or motion would be filed during that hearing and added that there is no change in Headley's not guilty plea. Suspected Lashkar-e-Toiba operative Headley was arraigned in December in a hearing that lasted for only a couple of minutes.
During that court appearance, he had waived his right to be indicted by a grand jury, which meant that he had waived his right to have prosecutors present their evidence against him to a grand jury and obtain an indictment.
If convicted, Headley could face the "maximum statutory penalty" of life imprisonment or death.
However, in the charges filed by the FBI, the government has said that Headley is cooperating with the investigation, possibly to avoid the death penalty.
Security agencies in India, probing the footprints Headley and Rana, may also file a chargesheet against the duo in the country by this month-end for allegedly waging a war against India, Home Ministry sources said in New Delhi.
Once the chargesheet is filed against the two, Indian security agencies are likely to press America for the access of both for interrogation and subsequent extradition.
