Chicago:
India says it will work with America to figure out whether it can interrogate
David Coleman Headley, the Pakistani-American who has, in a plea bargain in America, accepted that he helped plan and execute 26/11. (
Read: Will India get to interrogate Headley?)
Home Minister P Chidambaram said he is not certain if India's intelligence officials will be allowed to directly question Headley. According to Headley's plea bargain, Chidambaram pointed out, "He will either testify in a proceeding or allow himself to be interrogated. There is a distinction," he said, pointing out that India has already sent questions to America for Headley. (
Read: Headley deal not a setback for India, says Chidambaram)
In a Chicago court, Headley, who was arrested by the FBI in September, has pleaded guilty to all 12 charges of terror against him. (
Read: Who is David Headley?) These include conspiring to attack public places in India, and working on behalf of the Lashkar-e-Toiba (Let). He also accepts that he made several trips to India to survey the places that would be targeted during 26/11 and that he photographed these places for Pakistani handlers. In exchange for accepting his guilt, he has been promised that he will not be extradited to India, or face the death penalty. (
Read & Watch: No death sentence, extradition for Headley)
That has led to strong criticism by the BJP for the Indian government. It has also bolstered the arguments of those who believe that Headley is a double-agent, who is now being protected by America. (
Read: Headley interrogation critical for 26/11: BJP)
Headley's 36-page plea agreement states that "defendant agrees that, when directed by the US attorney's office, he will fully and truthfully testify in any foreign judicial proceedings held in the US by way of deposition, video conferencing or letters rogratory. Defendant agrees to the postponement of his sentencing until after the conclusion of his interrogation." (
Read: US statement on Headley pleading guilty)
Headley's lawyer, John Theis, tells NDTV that Headley's plea bargain dictates that he has to "make himself available for interviewing by the other governments as well in this country. That is a part of his plea agreement, if you read his plea agreement properly, he has agreed to allow himself for interviews with foreign governments as well." (
Read: Headley guilty - Why the plea deal?)
But will India's attempts to question the man who helped kill 160 people in Mumbai be sidetracked by legal-ese? "Access is one thing, information is another. We have already been given a significant amount of info gathered by US during his interrogation," Chidambaram clarified. "He has agreed to testify in any judicial proceeding held in US. There is a good chance that he will testify in a proceeding where Indian authorities have the right to ask him questions. But this depends on the court accepting his plea agreement. We'll have to take this one step at a time," he said. (
Watch: Headley deal not a setback for India)
The question of his extradition is also turning into a political slugfest at home, with the Opposition quick to attack. "The BJP feels without a custodial interrogation (of Headley), the 26/11 investigation will be crippled...the BJP will accept nothing less than extradition," said BJP spokesperson Rajiv Pratap Rudy. (
Read: Headley interrogation critical for 26/11: BJP)
Interestingly, unlike India's long wait to question Headley, Denmark has already met and questioned him for the plot to assassinate the Dane who created a controversial cartoon of the Prophet Mohammed. (
Read: Reports say Denmark got to quiz Headley)
Government officials also point out that India gave American interrogators access to Ajmal Kasab, the lone terrorist captured alive in the 26/11 attacks. When asked why there's no sort of quid pro quo, Chidambaram told reporters, "We gave limited access to Kasab because we asked for US assistance on many matters and we got that like GPS...the trajectory taken by the boat...the recycling of damaged cellphones. Anticipating that substantial help, we gave limited access to Kasab." (
Read: 26/11 Most Wanted)