Headley plea no setback, India can have access to him: PC

NEW DELHI: A day after US terror suspect David Coleman Headley pleaded guilty on all counts as part of a plea bargain deal that absolves him of death penalty, New Delhi insisted that the Headley-US government deal was not a setback as it allowed his testimony in foreign judicial proceedings in a US court through deposition, video-conferencing or letters rogatory.

“Defendant...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. Defendant agrees to the postponement of his sentencing until after the conclusion of his co-operation,” said the plea agreement filed in the US court on Thursday by the US government and Headley.

“There is a good chance that he will testify in a US court where Indian authorities will have a chance to ask questions,” home minister P Chidambaram told newspersons here on Friday, while adding that the fate of the plea bargain would ultimately be decided by the court, though it is “by and large” bound by it.

A top MHA official added: “Once the chargesheet against Headley is filed in the 26/11 case, India can move a letters rogatory to facilitate a deposition by Headley in a US court as part of the co-operation offered by him in his plea agreement...Our investigators will sit across the table with him and his lawyers and try to get more evidence out of him regarding his terror reconnaissance missions to India,” said a senior home ministry official.
India is expected to file a chargesheet against Headley and his accomplice, Tahawwur Hussain Rana, by May.

Though NIA has unearthed enough evidence to establish Headley’s reconnaissance trips to India, it feels any attempt to introduce the Headley angle at this point in the 26/11 trial could be exploited by the defence to demand a re-trial and fresh examination of all prosecution witnesses in the wake of the new revelations.

Chidambaram said India would file charges against Headley “at an appropriate time” and then seek access to him through a letters rogatory. According to him, though the US had provided “significant amount of information” with regard to Headley’s activities, many questions remained unanswered and India wanted replies to these.

India also views Headley’s admission of guilt on all counts, including the fact that he conspired with members of Lashkar-e-Toiba, “but not limited to individuals identified herein as Lashkar Members A, B, C and D, and others” to target Indian people and facilities, as a vindication of its probe findings that identify these “others” as Hafiz Saeed, Abu Qahafa, Zaki-ur-Rehman Lakhvi and Zarar Shah, etc.

The US authorities, based on Headley’s co-operation, have also confirmed how Pakistan-based LeT continues to plot and execute attacks against India.

On the possibility of Headley’s extradition to India, home minister Chidambaram said it would be difficult as he is accused of committing crimes in the US as well. With regard to the Mumbai attacks, he said, Headley is an accused both in India as well as in the US, having conspired to kill 164 persons, including six American citizens.

“So American authorities have the jurisdiction to prosecute him as he was apprehended in the US. We will have jurisdiction when we file charges against him,” Chidambaram clarified.

“Since he was apprehended in the US, we had apprehended problems in extradition. But, we have not given up our plea. We will continue to maintain our plea for his extradition. But, it will depend on what the court decides on the plea bargain,” he said.

According to an MHA official, in case Headley was handed a life sentence, it was not a worry since, as per the US law, he would remain a prisoner till the end of his biological life. Also, sentencing to 20 years and beyond was good enough.

However, the problem would arise if, as per the plea agreement, an even lighter sentence — possibly 2-5 years — is handed out to Headley. This was a possibility since the plea agreement states that if the defendant provides full and truthful co-operation, the government shall move the court to depart downward from the applicable (sentencing) guideline range.”

In the even of such a light sentence, India will seek the extradition of Headley after he completes his sentence in the US, for offences committed here that are not mentioned in his plea bargain. While disclosing this ‘Plan B’, the official however did not mention the nature of the additional offences that Headley may be charged with.