This Article is From Mar 19, 2010

For some, fears that US will be too soft on Headley

New Delhi, Chicago: No trial, no death penalty, no extradition to India. Guarantees offered by America to David Coleman Headley in exchange for his pleading guilty to the 12 charges of terror he faces in a US court. Charges that include planning and executing 26/11 on behalf of the Lashkar-e-Toiba (LeT). (Read & Watch: No death sentence, extradition for Headley)

India's Home Minister, P Chidambaram, says this is not a setback for the country's 26/11 investigation, and that he "will continue to push for more information and interrogation." (Read: Headley deal not a setback for India, says Chidambaram)

But the BJP has differed, making it clear that without the right to interrogate Headley, India's inquiry and trial on 26/11 will suffer greatly. (Read: Headley interrogation critical for 26/11: BJP)

What the government has to figure out is whether it will merely be able to pose questions to 49-year-old Headley, or whether it can actually interrogate the man who has admitted he played a key role in the country's worst-ever terror attacks. (Read: Will India get to interrogate Headley?)

American sources say Headley is likely to face life imprisonment and a fine of 3,000,000 dollars. But India is concerned that the man who helped kill 160 people in Mumbai may eventually win a lighter sentence. A paragraph on page 14 of Headley's plea agreement states, "(Headley) has demonstrated a recognition and acceptance of responsibility for his criminal conduct ...if the defendant continues to accept responsibility for his actions including furnishing the US attorney office with all the requested financial information relevant to satisfy any fine that may be imposed in this case ...a two-level reduction in the offense level is appropriate." (Read: US statement on Headley pleading guilty)

The Home Secretary, GK Pillai, has told NDTV that anything less a 20-year sentence for Headley would be inappropriate.

It has to contend with the fact that America believes that Headley is a considerable asset in unraveling terror networks around the world. In the plea agreement, America says, "David Headley is providing us with valuable intelligence about terror activities. As this case demonstrates we must continue to use every tool available to defeat terrorism at home and abroad."

That gives plenty of ammunition to those who believe Headley is a double agent and is being protected by America. (Read: Headley guilty - Why the plea deal?)

The speculation that Headley is a CIA agent gone rogue stems from the fact that America has admitted it was watching him for more than a year before his arrest. Yet, it did not alert India to a man who was instrumental in its biggest-ever war with terror. (Read: Who is David Headley?)

In fact, Headley was under surveillance a month before 26/11 - and by this time, the FBI had details on potential terror strikes against Indian hotels. Yet, the FBI did not share any intelligence with India. But worst of all is the fact that Headley visited Mumbai after 26/11 - America knew of this visit - and even this was not shared with India. (Read: 26/11 Most Wanted)

What India has to do now is utilise the plea bargain to get some sort of access to a man who is likely to have innumerable answers to some of the questions that confound Indian security agencies everyday.
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