This Article is From Mar 19, 2010

India unclear on whether it can interrogate Headley directly

Chicago:
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India says it will work with America to figure out how and when 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.

Home Minister P Chidambaram said he is not certain about whether 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)

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.  (Read: Who is David Headley?)

In a Chicago court, Headley has pleaded guilty to all 12 charges of terror against him.   In exchange, he has been promised that he will not be extradited to India. He will also not face the death penalty as a result of his plea bargain.  (Read & Watch: No death sentence, extradition for Headley)

In the 36-page plea agreement, Headley accepts that he " provided material support to the Lashkar-e-Toiba (LeT)" and helped plan "bombings of public places in India."  He also accepts that he made several trips to India to survey the places that would be targeted during 26/11 and that he attended terrorist training camps in Pakistan.

Headley's lawyer, John Theis, confirmed to NDTV that Headley's plea bargain dictates that Headley will be questioned by Indian officials.   (Read & Watch: India can quiz Headley, says his lawyer)

His 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 cooperation." This means that Indian authorities can question Headley in the United States. (Read: US statement on Headley pleading guilty)

Headley was arrested in September in Chicago by the FBI.  Evidence against him, including emails with senior commanders of the Lashkar-e-Toiba (LeT), show he played a key role, along with Tahawwur Rana, in the terror strikes in Mumbai in 2008.

Rana, who ran an immigration agency, allegedly as a cover for recruiting men for the LeT, was also arrested in Chicago in September.  He has, however, said he's innocent throughout his trial.

Headley's plea bargain sees him testifying that he did indeed work closely with Rana.

Headley admitting to all the charges on 26/11only confirms what India has been maintaining that the terror attacks were plotted and carried out by handlers in Pakistan. His plea statement also strengthens the theory that he is a double agent, assigned initially by America to permeate the narcotics network in the sub-continent.  Several intelligence sources, within India and outside, say that if Headley gets a light sentence, it will be a sign that American intelligence officials are trying to protect one of their own. (Read: Headley guilty - Why the plea deal?)

The Opposition BJP says that Headley's plea bargain proves Pakistan's role in 26/11. Party spokesperson Prakash Javadekar says, "In the world community, it will be very clear that Pakistan's official involvement in 26/11 attack can be established more firmly."

BJP President Nitin Gadkari said, "We hope the Indian government has been able to represent our case to the US properly." (Read & Watch: Getting official access to Headley will help India, says BJP)

In its dossiers to Pakistan, India has named several terrorists including Hafiz Saeed, Muzammil Bhat, Abu Hamza, Abu Kafa, and Usman. India also wants Ilyas Kashmiri, an Al-Qaida commander hiding in Waziristan. (Read: 26/11 Most Wanted)

Headley's guilty plea also strengthens the belief of India's intelligence and investigating agencies that he visited different places in India as part of a larger terror plot.

Earlier on Thursday, Home Secretary G K Pillai had told NDTV that it would be "disturbing" if the American terrorist is let off. "India will lodge a strong protest if Headley is let off lightly," he said, adding, "Our ultimate aim is to get Headley extradited. We will continue to demand access, and that will be easy if he's out of court jurisdiction." (Read: We'll protest strongly if Headley is let off: Govt)

Headley also won't be allowed extradition to Denmark and Pakistan and there will be no trial for Headley. "The defendant shall not be extradited to the Republic of India, the Kingdom of Denmark, or the Islamic Republic of Pakistan, respectively, for any offenses for which he has been convicted in accordance with this plea," the plea agreement said. (Read: Reports say Denmark got to quiz Headley)


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