Questioning Headley: India’s Home Ministry to seek a date in letter

The Home Ministry of India is likely to write to the US department of Justice seeking a possible date for having direct access to Mumbai terror attack accused David Headley, who is currently under American custody.

In the letter, to be finalised in the next few days by Home Minister P Chidambaram and top officials, the ministry is likely to tell the American authorities that a team of Indian investigators was ready which could visit the US once the US department gives clearance.

Top government sources indicated on Wednesday the National Investigation Agency, probing the case of the 49-year-old terrorist who has admitted to plotting the Mumbai terror attacks, will file the chargesheet against him only after getting a direct access to him. Under the American law, the US department of justice will have to take permission from the Chicago court, which is hearing Headley's case, about India's request to have his direct access.

Special Secretary (Internal Secretary) U K Bansal met Solicitor General Gopal Subramanium on Tuesday night and discussed with him the options available before Indian investigators to question Headley under the plea bargain agreement between him and the American government. Investigators believe that access to Headley can be obtained only through legal channels as he is under the custody of court, which functions under the US law. Under the plea bargain, India can have access to the terrorist by deposition, video conferencing or through Letters Rogatory. India would like to explore all the three.

Headley had last week pleaded guilty to all the 12 terror charges of conspiracy involving bombing public places in India, murdering and maiming persons and providing material support to foreign terrorist plots and Pakistan-based LeT besides aiding and abetting the murder of six US citizens in the 26/11 attacks that killed 166 people.

Even as the US flip flop on giving access to Headley by Indian investigators continues, the government has been advised by a top legal luminary to seek extradition of Headley. The government has been told to seek not just direct access to him but also extradition of Headley.

Solicitor general Gopal Subramaniam has based his argument on the doctrine of dual sovereignty which is one of the important features of the US Constitution and under which an accused can be tried by both federal and state governments for same or related offence. Subramaniam's contention is that India can invoke the same principle, citing the enormity of the crime committed by Headley against India by laying out the groundwork for 26/11 attack on Mumbai. Of the 12 counts Headley has pleaded guilty to, nine relate to the Mumbai massacre. This, according to the SG, gives enough basis for India to seek direct access to Headley.

- Asian Tribune -