ID :
113329
Thu, 03/25/2010 - 06:59
Auther :
Shortlink :
https://oananews.org//node/113329
The shortlink copeid
India to write to US for getting Headley`s access
New Delhi, Mar 24 (PTI) Overlooking US envoy's remarks
here that no decision has been taken for giving Indian
investigators direct access to David Headley, India on
Wednesday said it will soon write to the US for interrogating
the LeT terrorist.
The Home Ministry will soon communicate to the US
Department of Justice seeking a date for having direct access
to Headley, currently under American custody, top government
sources said.
The decision comes close on the heels of Government
stating that it was not taking cognisance of the clarification
issued by US Ambassador to India Timothy J Roemer that no
decision has been taken and the US has yet to work out how
India would be given access.
In its communication, likely to be finalised in the next
few days by Home Minister P Chidambaram and top officials, the
Ministry will tell the American authorities that a team of
Indian investigators was ready and it could visit the US once
a confirmation is given.
The sources said the National Investigation Agency (NIA),
probing the case of the 49-year-old terrorist who has admitted
to plotting the audacious Mumbai terror attack in November,
2008, will file the charge sheet against him only after
getting direct access to him.
According to 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
direct access to him.
In London, Chidambaram said he does not think there has
been a "turn around" by the US on the issue of Indian
investigators getting direct access to Headley, a Pakistani-
American LeT operative.
"No, I don't think so," he said when asked by
reporters whether there was a turn around by the US.
"... If you reflect more carefully that sentence (of
Roemer) no way (it) contradicts what the US Attorney General
(Eric Holder) has told me," Chidambaram, who is on an
official visit, said.
"It is my understanding that India would be able to
obtain access to Headley to question him in a properly-
constituted judicial proceeding. Such judicial
proceeding could be pre-trial or during an inquiry or trial,"
the Home Minister had said in a statement on Saturday after a
telephonic talk with Holder.
Special Secretary (Internal Secretary) U K Bansal last
night met Solicitor General Gopal Subramanium here and
discussed with him about the options available before Indian
investigators to question Headley under the plea bargain
agreement between him and the American government.
Sources said investigators believe that access to
Headley can be obtained only through legal channels as he is
under court's custody.
Under the plea bargain, India can have access to the
terrorist by deposition, video conferencing or through Letters
Rogatory. Sources said India will 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.
Headley was arrested by the FBI in October last year.
In Chicago, Headley's lawyer John Theis said his
client will cooperate with Indian authorities as required
under the terms of his plea agreement if the US government
allows.
Theis said the terms of the plea agreement on March 18
requires that he allows himself to be interviewed by Indian
authorities.
"Headley will cooperate to the extent it is required
to by the terms of his plea agreement but as for the
specifics, I think really our government and our US attorney's
office have to be the ones to determine the actual form (of
access)," he told PTI when asked to comment about Roemer's
statement.
"He is in US custody and so interviewing him does
implicate the security issues and things like that," Theis
said.
When asked if Indian investigators, who come to the
US, can be assured that they would get access to Headley and
be able to put their questions to him, Theis said: "I'm not
the one to ask that. You will have to ask our government, our
US attorney's office. They are the ones who are going to
determine how this actually happens".
An FBI spokesperson told PTI, "If the plea agreement
says that Headley has agreed to meet with investigators from
India, then that is what he will do. It is a question of when
and where. PTI
here that no decision has been taken for giving Indian
investigators direct access to David Headley, India on
Wednesday said it will soon write to the US for interrogating
the LeT terrorist.
The Home Ministry will soon communicate to the US
Department of Justice seeking a date for having direct access
to Headley, currently under American custody, top government
sources said.
The decision comes close on the heels of Government
stating that it was not taking cognisance of the clarification
issued by US Ambassador to India Timothy J Roemer that no
decision has been taken and the US has yet to work out how
India would be given access.
In its communication, likely to be finalised in the next
few days by Home Minister P Chidambaram and top officials, the
Ministry will tell the American authorities that a team of
Indian investigators was ready and it could visit the US once
a confirmation is given.
The sources said the National Investigation Agency (NIA),
probing the case of the 49-year-old terrorist who has admitted
to plotting the audacious Mumbai terror attack in November,
2008, will file the charge sheet against him only after
getting direct access to him.
According to 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
direct access to him.
In London, Chidambaram said he does not think there has
been a "turn around" by the US on the issue of Indian
investigators getting direct access to Headley, a Pakistani-
American LeT operative.
"No, I don't think so," he said when asked by
reporters whether there was a turn around by the US.
"... If you reflect more carefully that sentence (of
Roemer) no way (it) contradicts what the US Attorney General
(Eric Holder) has told me," Chidambaram, who is on an
official visit, said.
"It is my understanding that India would be able to
obtain access to Headley to question him in a properly-
constituted judicial proceeding. Such judicial
proceeding could be pre-trial or during an inquiry or trial,"
the Home Minister had said in a statement on Saturday after a
telephonic talk with Holder.
Special Secretary (Internal Secretary) U K Bansal last
night met Solicitor General Gopal Subramanium here and
discussed with him about the options available before Indian
investigators to question Headley under the plea bargain
agreement between him and the American government.
Sources said investigators believe that access to
Headley can be obtained only through legal channels as he is
under court's custody.
Under the plea bargain, India can have access to the
terrorist by deposition, video conferencing or through Letters
Rogatory. Sources said India will 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.
Headley was arrested by the FBI in October last year.
In Chicago, Headley's lawyer John Theis said his
client will cooperate with Indian authorities as required
under the terms of his plea agreement if the US government
allows.
Theis said the terms of the plea agreement on March 18
requires that he allows himself to be interviewed by Indian
authorities.
"Headley will cooperate to the extent it is required
to by the terms of his plea agreement but as for the
specifics, I think really our government and our US attorney's
office have to be the ones to determine the actual form (of
access)," he told PTI when asked to comment about Roemer's
statement.
"He is in US custody and so interviewing him does
implicate the security issues and things like that," Theis
said.
When asked if Indian investigators, who come to the
US, can be assured that they would get access to Headley and
be able to put their questions to him, Theis said: "I'm not
the one to ask that. You will have to ask our government, our
US attorney's office. They are the ones who are going to
determine how this actually happens".
An FBI spokesperson told PTI, "If the plea agreement
says that Headley has agreed to meet with investigators from
India, then that is what he will do. It is a question of when
and where. PTI
