Indian investigators will have access to Headley, says US

Though India did not go on record officially and maintained that the US had been cooperating fully on the investigations of the 26/11 Mumbai terror attack, there was an underlying sense of disappointment over the “deal” between David Headley and the prosecution in the Chicago trial, under which the terror plot accused escaped death sentence.

But on Saturday, the US has clarified it will allow Indian investigators to interrogate David Headley, who has pleaded guilty to his involvement in the Mumbai terror attacks. But it made it clear that he cannot be extradited to India.

Asked if Indian investigators would be provided access to interrogate Headley, US assistant secretary of state for South and Central Asia Robert Blake said "Yes". Blake ruled out Headley's extradition to India but left the options open on such a move in case more charges came up against him in the future.

"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," Blake told reporters after attending a CII organized event in New Delhi.

"But 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," he said.

Pakistani-American Headley, 49, had pleaded guilty before a US court to all the 12 charges against him 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.

Blake responded to questions from reporters on Headley and the US approach to Pakistan in dealing with terror outfits operating from that country. "We think it is very important for Pakistan to tick off the LeT threat. Not just because of the security and stability of the US, but also India and other countries," "So this is something, I will be discussing on my trip to Pakistan," Blake, who will be travel to Islamabad and Afghanistan from New Delhi, said.

Asked if the US would bring pressure on Pakistan to act against the terror groups operating from its soil, Blake noted that Pakistan had always said it would not allow terrorists to operate from its soil and the US and its friends expected Islamabad to abide by that "very important" commitment.

The US official said the "greatest concern" now for the US and India were Lashkar-e-Taiba operations and its "increasing global scope and ambition".

To a query on the perception in India that Washington was not cooperating with New Delhi on the Mumbai terror investigations, the US official refused to agree with the view and pointed out to the Headley case. He said the "cooperation is exceptional" between the two countries on the Mumbai attacks and it would continue to make progress.

"Your Home Minister P Chidambaram had a very successful visit to the US last fall and as a result of that visit we are proceeding in a number of directions to expand our consultations on specific cooperation," he said, noting that law enforcement agencies of the two countries have had a "wide web of exchanges" in recent times.

On the concerns over US arms supply to Pakistan being directed against India, he said America was "aware" of the Indian concerns and there has been a "good" dialogue in this regard between the two countries. "We assure our Indian friends that the arms sales to Pakistan....the character and nature of our military relationship is changing now in Pakistan.

"We are increasingly focused on counter insurgency capabilities of the Pakistan military so it can deal with the very important challenges on the Pakistan-Afghanistan border and effectively prosecute the war against al-Qaeda and against various Taliban elements that are located in Pakistan. There is good progress on that. So that is the sort of long term trend that is taking place.

Another long term trend that is important to talk about, Blake said "is that increasingly we are placing a much greater emphasis on civilian sector assistance and less on the military component, in a way of enhancing Pakistan's democracy, economic and energy development and helping the Pakistan government to be able to deliver services, to get at some of the conditions that give rise to terrorism in the first place".

Home Minister briefed by US Attorney General

Meanwhile, Home Minister P Chidambaram was hopeful that India will be able to obtain access to David Headley for questioning in a properly constituted judicial proceeding in which he is obliged to cooperate fully. He said this in a statement after US Attorney General and Head of Justice Department Eric Holder spoke to him over telephone on Friday night and clarified to him about a number of aspects concerning Headley's plea bargaining with the US government in a case related to conspiracy in the 26/11 Mumbai attacks.

After the discussion, Chidambaram said he has directed the National Investigation Agency (NIA) and other agencies to prepare questions for Headley. "It is my understanding that Headley is obliged to cooperate fully and truthfully in such proceedings," he said in the statement.

He said the conversation with Holder has clarified a number of aspects concerning the plea agreement. During the long talk, Holder drew pointed attention to the portion under the Chapter "Cooperation" of the 35-page plea agreement where Headley agrees that, when directed by the United States Attorney's Office, he will fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information.

"Defendant (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. Defendant agrees to the postponement of his sentencing until after the conclusion of his cooperation.

NIA has already registered a case on November 11 last against Headley and his Pakistani-Canadian Tahawwur Hussain Rana.

He said there was another aspect of the "plea agreement" which was of enormous significance as it "is the most damning indictment of the role played by certain persons in Pakistan.

In his plea agreement, Headley has admitted to conspiring with LeT members. He has admitted to meeting with and receiving instructions from them; he has admitted to attending training camps organised by the LeT on five separate occasions; he has admitted to meeting in Pakistan with various co-conspirators including but not limited to LeT members; and he has admitted to being privy to the attacks planned in Mumbai and the despatch of a team of attackers by sea, the statement said. "The plea agreement should spur Pakistan to take action against all the conspirators and bring them to justice. Nothing short of that will be acceptable to India or will satisfy world opinion," Chidambaram said.

Trial in Pakistan: Demand to produce lone 26/11 attacker alive

Lawyers for LeT's operations commander Zakiur Rehman Lakhvi and six more accused in the the Mumbai attacks case on Saturday demanded at an anti-terror court that Ajmal Kasab be brought from India to Pakistan to face trial with the other suspects. The defence lawyers made this argument in the court of judge Malik Mohd Akram Awan in Rawalpindi, which was hearing an application from the prosecution for Kasab and Fahim Ansari to be declared "proclaimed offenders" or fugitives.

Kasab, a Pakistani, was captured alive during the 26/11 attacks while nine other terrorists were gunned down. Ansari is another accused in India's Mumbai attack case.

The lawyers argued that Kasab was not a fugitive as he was not "wilfully" avoiding the Pakistani court. Kasab was in the custody of Indian authorities since the Mumbai attacks in November 2008 and this was known to the prosecution when a case was registered in Pakistan in January 2009, they said. Lakhvi's counsel Khwaja Sultan told the court that Pakistan government should approach its Indian counterpart to bring Kasab to Pakistan to be tried along with the other accused.

- Asian Tribune -