India prepares for Headley interrogation, US assures access

New Delhi, March 20: India Saturday said it has started preparing documents to launch judicial proceedings in order to question terror suspect David Headley, who is in a US jail and has confessed to having plotted the 2008 Mumbai terror attack with the Lashkar-e-Taiba in Pakistan.

Home Minister P. Chidambaram said he was assured by a top official of the US Justice Department that India will have early access to Headley to interrogate him, possibly in a pre-trial stage.

The home minister spoke with Attorney General and head of the US Justice Department Eric Holder over the phone Friday evening and said the conversation "clarified a number of aspects concerning the plea agreement" Headley entered into with prosecutors in the US. According to the plea bargain, Headley cannot be extradited to any foreign country and also cannot be given the death sentence.

"It is my understanding," Chidambaram said, "that India would be able to obtain access to Headley to question him in a properly constituted judicial proceeding. Such a judicial proceeding could be either pre-trial or during an inquiry or trial."

He said the National Investigation Agency (NIA) was "directed to quickly prepare the documents necessary to start a judicial proceeding in which Indian authorities could require Headley to answer questions and/or to testify."

The NIA had registered a case against Headley, 49, and his associate Tahawwur Hussain Rana, 48, who is also in a US prison and faces the same charges. He, however, has pleaded not guilty and is awaiting a trial. The NIA has not formally charged Headley and Rana but may start their judicial trial after the US assurance.

Seeking to clarify some misgivings that the plea bargain was a setback to India in its investigation in the Mumbai attack, Chidambaram said an aspect of Headley's agreement was of "enormous significance" because it indicts some people in Pakistan.

"The plea agreement is the most damning indictment of the role played by certain persons in Pakistan. He (Headley) has admitted to attending training camps organised by the LeT... and meeting in Pakistan with various co-conspirators and being privy to the (Mumbai) attacks and the despatch of a team of attackers by sea."

"The plea agreement should spur Pakistan to take action against all the conspirators and bring them to justice," he added.

As Chidambaram sounded upbeat over the US' willingness to give India access to Headley, an official in the Obama administration on a visit to New Delhi ruled out his extradition.

"With respect to the Headley case, the plea bargain agreement was announced and part of that agreement was that the US would not extradite Headley either to India or Pakistan or Denmark for the charges for which he has now admitted guilt," US Assistant Secretary of State for South and Central Asia Robert O. Blake told reporters here.

Asked if Indian investigators would be allowed to quiz him, Blake said: "My answer would be yes."

The US official, however, left the option open of extraditing Headley if India comes up with cases other than his role in the 26/11 mayhem that left 166 Indians and foreigners dead.

"That does not mean that at some future date, some additional charges could not be brought. I do not want to speculate much on the future charges, but at least on these charges he cannot be extradited," Blake said.

The US official disagreed when he was asked why the US was not cooperating with India on the Mumbai terror investigations.

"(The) cooperation is exceptional," he said, adding the two countries would continue making progress on anti-terror ties.