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Brasilia, April 16: India and the United States are looking at the option of setting up a joint working group to deal with legal issues related to the questioning of American-Pakistani Lashkar-e-Tayyaba operative David Coleman Headley, who is wanted in India for his role in the Mumbai 26/11 terror attack, top Indian government sources have told this newspaper.

The Headley issue had been raised by Prime Minister Manmohan Singh in his conversations with US President Barack Obama in Washington D.C. earlier this week, following which national security adviser Shivshankar Menon had discussed the question of access and possible extradition with his US counterpart James Jones, the sources said. Headley, who is now lodged in an American prison, is facing trial in a US federal court in Chicago. The working group, if it is set up, would include top legal and law enforcement officials of both countries. “We are looking at the option. No shape whatsoever has yet been given,” the sources said. India is also seeking access to Headley under the Mutual Legal Assistance Treaty 2005, which binds both the US and India to share information and material in criminal cases.
The sources indicated that the Indian government was yet to mount pressure in any significant way on the US authorities for Headley’s extradition since this could be a “tricky” affair. “Even the issue of access is going to take some time,” they added.
Mr Menon, at his meeting with Mr Jones in Washington, had discussed the modalities by which India could be provided access to Headley. Arrested in Chicago in October 2009, he later confessed to having played a crucial role in the 26/11 attacks. In his plea bargain with the US authorities, he had offered to be subjected to questioning by foreign investigators through deposition, video-conferencing or letters rogatory.
American officials have told their Indian counterparts that they will have to be cautious in providing access to Headley to ensure that this does not in any way transgress his legal rights as a US citizen. The Indian side has been told that if something went wrong in the entire process, the entire case against him in the US could be dismissed as a “mistrial”. The US authorities have clearly said this would have to be considered before any final decision.
US officials are also trying to work out a consensus between the Federal Bureau of Investigation and other American agencies to resolve legal or jurisdictional issues. “A working group between the two countries could be the way out to move jointly on the issue,” the sources said.
 

Sanjay Basak