New Delhi, March 17: The Indian security establishment is concerned that US security agencies may try and shield Laskhar-e-Tayyaba (LeT) operative David Headley, a Pakistani-origin American citizen, once he enters a plea bargain agreement on Thursday to escape a possible death sentence.
David Headley, slated to plead guilty in a US federal court on Thursday, was indicted by the FBI in the 2008 Mumbai terror attack.
Indian authorities said on Wednesday they would continue to seek Headley’s extradition from the US even if he pleads guilty to his role in 26/11.
India is keenly awaiting developments in a Chicago federal court in the light of Indian security agencies’ suspicion that Headley worked as a “double agent” for the CIA and the Pakistan-based LeT. “Our suspicion will gain credence if Headley pleads guilty in an attempt to get away with a lighter sentence,” said government sources.
Indian security officials are re-visiting “proffer agreements” in the US which he might use. A proffer agreement, also known as a “queen for a day agreement”, is a written agreement between federal prosecutors and individuals under criminal investigation which permits the latter to give the government information about crimes with some assurances that they will be protected against prosecution.
Sources said persons subjected to criminal investigation usually take recourse to his agreement when the prosecutor is “trustworthy” or when the attorney, the prosecutor and the case agent are all on the same page regarding the general contours of the contemplated plea agreement (immunity deal).
Government sources said there will be no cause for worry if Headley is sentenced to 100 years in prison in the US. However, Indian agencies believe that the “silver lining” to Headley getting a lighter sentence would be that India can immediately press for his extradition once he completes his sentence in the US. However, this may be easier said than done as it is unclear how Headley’s guilty plea will affect India’s chances of extraditing him.
India, however, has made it clear that it would continue to press for access to Headley for interrogation. However, even this may not be possible if Headley refuses to be questioned by Indian agencies.
The National Investigation Agency (NIA) has already registered a case against Headley for his role in the 26/11 terror plot. It has not filed a chargesheet against Headley so far citing “legal hurdles” in the matter.
Serious consultations are on within the Indian security establishment on the impact a possible chargesheet against Headley would have on the current probe against Ajmal Kasab, the only 26/11 terrorist taken alive. “A chargesheet against Headley may give room to Kasab, who can use it to prolong the ongoing investigations against him,” an official said.
Ahead of Thursday’s hearing in the Chicago court, sources here said they are yet to ascertain whether Headley would plead guilty to all or only some charges in the 12-count superseding indictment filed against him by the FBI on January 14.
Incidentally, Headley had got away with a lesser sentence for smuggling heroin into the US from Pakistan in 1998 after he cooperated with American investigators. He was sentenced to less than two years in prison and was thereafter sent to Pakistan to conduct undercover surveillance operations for the US Drug Enforcement Administration, sources said.
Namrata Biji Ahuja