India to seek direct access to Headley under 2005 accord

New Delhi, Apr 11 (PTI) India will seek direct access to
Pakistani-American terrorist David Headley under a bilateral
agreement signed in 2005 and a communication is being sent to
the US to allow its investigators to question him.
The draft letter was being examined by Indian Home
Minister P Chidambaram after it was prepared by Solicitor
General Gopal Subramaniam and officials of National
Investigation Agency (NIA), official sources said here.
The NIA has registered a case against Headley and his
Pakistani-Canadian accomplice Tahawwur Rana for allegedly
conspiring to wage a war against the country and under other
sections of Unlawful Activities (Prevention) Act.
The letter would be sent to the US through diplomatic
channels for seeking direct access to Headley as he is wanted
in India for conspiring with terror outfit Lashker-e-Taiba in
carrying out attacks in Mumbai on November 26, 2008 that left
over 160 people dead, they said. Headley had pleaded gulity to
the charges in a US court at Chicago.
India had signed a Mutual Legal Assistance Treaty
(MLAT) with the US initial in 2001 which was further revised
in 2005.
The new provisions enhance the ability of the two
countries to pursue their common objective of law enforcement
by putting in place a legal mechanism to enable them to
provide to each other assistance in connection with the
investigation, prosecution, prevention and suppression of
crime including those relating to terrorism, narcotics,
trafficking, economic and organised crime.
The assistance under the Treaty shall include taking
the testimony or statements of persons, providing documents,
records and items of evidence, locating or identifying persons
or items; serving documents, transferring persons in custody
for testimony or other purposes, executing requests for
searches and seizures, assistance in proceedings related to
seizure and forfeiture of asset, restitution, collection of
fines.
The issue of access to Headley will be also raised by
India at official level during Indian Prime Minister Manmohan
Singh's four-day visit to the United States.
According to 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 for
direct access to him.
Headley, who was arrested by FBI in October, had
pleaded guilty to all terror charges before a US court on
March 18.
49-year-old Headley, who faces six counts of
conspiracy involving bombing public places in India, murdering
and maiming persons in India and providing material support to
foreign terrorist plots and LeT; and six counts of aiding and
abetting the murder of US citizens in India, could have been
sentenced to death if convicted.
After pleading guilty, he will now get a maximum
punishment of life imprisonment. PTI SKL
MYR