MHA may seek direct access to Headley, not extradition

NEW DELHI: The home ministry feels that it should seek direct access to American terrorist David Coleman Headley than insist on his extradition.

“We are not inclined to go with Solicitor General’s opinion that advised commencement of extradition proceedings. Since it is a lengthy process, we should try to gain direct access to the convict,” a senior home ministry official said.

The government is of the view that it has a strong case as the plea bargain between Headley and the US attorney for Northern district of Illinois did not take into account the fact that he is wanted in India for committing an act of terror that claimed 166 lives.

The S-G has told the home ministry that the plea bargain cannot override American obligations under international law. Under the law, America is obliged to help India and it cannot cite a plea bargain signed between an attorney and the convict. In any case, the court is yet to accept the plea bargain.

In its communication to the US authorities, India will maintain that US justice department cannot refuse direct access to Headley citing domestic laws. American domestic laws only disallow extradition or direct access to a convict only if it concerns its defence and security of boundaries. As India is the primary victim of the terror attack planned by Headley, the US cannot take recourse to this argument.

Home minister P Chidambaram, who returned to the Capital on Wednesday after a trip to UK, is understood to be confident of gaining access to Headley for Indian investigators. India is certain to tell the US that denial of access to Headley would mean harbouring a criminal wanted for terror crime here.