On Saturday, the court approved the request by prosecutors to charge David Coleman Headley in India.
The decision is the country’s first step towards the extradition process, which is expected to set up a confrontation between the US and India.
In the US, Headley has already confessed to playing a major role in the terrorist attack.
However, Headley agreed to a plea bargain for having testified against Tahawwur Ranaa in order to avoid the death penalty and extradition to India.
Headley, who worked as an operative for the militant group Lashkar-e Taiba is the son of a Pakistani diplomat and an American socialite.
The bargain has caused frustration among Indians who complain of the slow judicial process.
At least 163 people were killed in Mumbai on November 26, 2008 after 10 militants attacked luxury hotels and several key locations across the city.