New Delhi ,March 18: India is seeking access to Pakistani-origin American citizen and LeT suspect David Headley’s American wife, “Faiza Headley”, currently based in Chicago, according to home ministry officials.
The Indian agencies claim that “Faiza”, a US citizen, was allegedly “aware” of Headley’s role in the 26/11 terror plot. The FBI, which has indicted Headley for plotting the Mumbai terror attack, has not named Faiza. However, it is unclear whether such attempts would succeed in the light of spousal testimonal privilege which, under US law, can be used to prevent any party in a criminal case from calling the defendant’s spouse to testify against the defendant about any topic. In a US federal court, as a matter of common law, this means the defendant’s spouse can refuse to testify against the defendant. However, the Edmunds Tucker Act, an American law dating back to 1887, denies spousal privilege in cases of polygamy.
Government sources revealed that India was also trying to gain access to Headley’s second wife, a Moroccan-origin Pakistani citizen. They, however, feel that the chances of getting access to her are slim since she is allegedly “hiding” in Pakistan.
Headley’s second wife had come to India before the Mumbai terror strike. She reportedly conducted a recce of potential sites for terror strikes and the Indian security agencies see the second wife as a suspect as well.
Indian investigators shifted their focus to Headley’s wives after they failed to get access to Headley, who is in federal custody since his arrest in Chicago on October 3, 2009. Government sources said it would be easier for Indian security agencies to get access to Headley after the US court pronounces its judgment in his case. “We will continue to seek access to Headley. It will be easier to get access to him once he is in prison,” an official said.
Meanwhile, the National Investigation Agency (NIA) has decided not to file a chargesheet against Headley till the probe against Ajmal Kasab, the only 26/11 terrorist taken alive, is over. The government intends to file a fresh chargesheet after the probe is completed.
Ahead of Headley’s plea bargain in a Chicago court on Thursday night (IST), Union home secretary G.K. Pillai said India would lodge a protest with the US agencies if he was let off with a lighter sentence. “If the US knew there was an anti-India plot they would tell us,” he said amidst reports that Headley was a “double agent” working both for the US agencies and the LeT. “The Americans have told us Headley was not a US agent. We believe them,” he said.
The Indian security establishment is hopeful of Headley getting at least 20 years in prison in the US for the Mumbai terror attacks in which six American Nationals were killed. “If he gets 20 to 50 years, we would be satisfied,” a government official said.
Namrata Biji Ahuja