Headley can be interrogated by India on US soil

Yoshita Singh
Chicago/New Delhi, Mar 19 (PTI) A day after David Headley
confessed to plotting Mumbai attacks, it became clear Friday
that Indian investigators will be able to interrogate the
Pakistani-American terrorist in the US but he will not be
extradited to India.

Under a plea bargain, 49-year-old Headley pleaded guilty
before a Chicago court to all 12 terror charges of conspiracy
involving bombing public places in India, murdering and
maiming persons and providing material support to Pakistan-
based LeT, besides aiding and abetting the murder of six US
citizens in the 26/11 attacks that killed 166 people.
His lawyer John Theis said Headley "has agreed to make
himself available for interrogation by Indian enforcement
authorities or any authorised Indian authority."
Both countries will still have to figure out how and when
he can be questioned and whether the Indian investigators will
be allowed direct access.
The US, which has so far denied India the right to
question Headley who was arrested by the FBI in October last
year, said he has agreed to "fully and truthfully" participate
in this process which has to be undertaken only on American
soil.
As per the plea bargain, Headley, who is also accused of
plotting attacks against a Danish newspaper which published
cartoons of Prophet Mohammad, has escaped death penalty
and is likely to get a life sentence.
In New Delhi, Indian Home Minister P Chidambaram said the
development in the Chicago court was "not a setback" and
asserted that India will continue to press for Headley's
extradition.
It was stated in the plea bargain that Headley shall
not be extradited to India, Pakistan or Denmark for any
offences for which he has pleaded guilty. This came with a
rider, "so long as he fully discloses all material facts
concerning his role with respect to these offences."
Asked whether India would be sending any team to
question Headley, Chidambaram told reporters that it would
depend on whether access to him is granted.
On the possibility of Headley's extradition to India,
the Home Minister said it would be difficult as he is accused
of committing crimes in the US as well.
"We had apprehended problems in extradition. But we have
not given up. We will continue to maintain our plea for his
extradition," he said.
In a statement, the US Department of Justice said
"Headley further agrees that, when directed by the United
States Attorney’s Office, he will fully and truthfully testify
in any foreign judicial proceedings held in the United States
by way of deposition, video-conferencing or letters rogatory."
Headley's lawyer told reporters after the over 30-minute
hearing held before US District Judge Harry Leinenweber that
"he has agreed to allow himself to be interviewed by foreign
governments in this country" as part of the agreement.
Headley, who had pleaded not guilty on January 14 to
the charges against him, did a U-turn in the 35-page plea
agreement and confessed to all the charges.
When asked, if this means that Indian investigators
could come to US and talk to Headley, even about the Mumbai
attacks, Theis said "Yes. If he refuses to talk to foreign
governments here, it would mean a violation of the plea
agreement". (More) PTI YAS
RDM



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