Headley plea bargain: No India extradition
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“He has agreed to make himself available for interrogation by Indian enforcement authorities or any authorised Indian authority,” Headley’s lawyer, Mr John Theis, said. Both countries will still have to figure out how and when he can be questioned and whether the Indian investigators will be allowed direct access.
The US, which has so far denied India the right to question Headley who was arrested by the FBI in October 2009, said he has agreed to “fully and truthfully” participate in this process which has to be undertaken only on American soil.
Headley, 49, pled guilty Thursday night (IST) 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 the Pakistan-based LeT besides aiding and abetting the murder of six US citizens in the 26/11 attacks that killed 166 people.
Under the plea bargain, Headley, who is also accused of plotting attacks against a Danish newspaper which published cartoons of Prophet Mohammed, has escaped the death penalty and is likely to get a life sentence. Under the plea bargain, it was stated that Headley shall not be extradited to India, Pakistan or Denmark for any offences for which he has pleaded guilty. This came with a rider — “so long as he fully discloses all material facts concerning his role with respect to these offences.”
In a statement, the US department of justice said: “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.”
Headley’s lawyer told reporters after the over 30-minute hearing held before US district judge Harry Leinenweber that “he has agreed to allow himself to be interviewed by foreign governments in this country” as part of the agreement. Headley, who had pleaded not guilty on January 14 to the charges against him, did a U-turn in the 35-page plea agreement and confessed to all the charges.
When asked if this means that Indian investigators could come to the US and talk to Headley, even about the Mumbai attacks, Mr Theis said, “Yes. If he refuses to talk to foreign governments here, it would mean a violation of the plea agreement.”
The plea agreement states that whenever directed by the US attorney’s office, “Headley must fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information.”
Since his arrest in October 2009, Headley has been cooperating with the US government and has provided substantial assistance in the investigation of this case as well as “critical” information regarding intelligence on other matters, Mr Theis said.
He said all the information that Headley has given to US authorities is and has been shared with India and Denmark. Through the 13 days that Headley “talked”, he was informed of his right to remain silent, of his right to counsel, that anything he said could and would be used against him. “But he chose not to exercise those rights and in fact (decided) to provide timely, thorough, trustworthy and complete information,” Mr Robert Seeder, another lawyer for Headley, said.
Seeder said the information provided by Headley has “significantly helped the US and has also aided other countries”. The lawyer refused to comment on the issue of Headley — son of a former Pakistani diplomat and a Philadelphia socialite — being a double agent. “There is nothing in the plea agreement about anything about that (his being a double agent). I don’t know where that kind of language comes from.”
On whether Headley would get a life sentence, Mr Theis said the range of the sentence could be either life or any other sentence less than that as authorised by law. It is obviously a complicated case. Sentencing is up to Justice Leinenweber. “This case has a long way to go,” he added.
Meanwhile, US attorney spokesperson Randall Samborn said life imprisonment in the case of Headley is the maximum sentence without probation. He said Headley is “not eligible for probation.” —PTI
Yoshita Singh
