India firm on direct access to Headley

As extradition of terror accused David Headley from the United States is likely to be a difficult process, India will press for immediate direct access to him for its investigators.

Top government sources said as extradition of the 49-year old Pakistani-American, who has admitted to plotting the audacious Mumbai terror attack, appeared to become a difficult process, the immediate priority of the Indian investigators was direct access to him to know details about the terror plot.

Indian investigators believe that immediate access to Headley could be obtained through legal channels as he is under the custody of an US court. Under the plea bargain agreement between Headley and the US government, 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.

Solicitor General Gopal Subramanium has asked the government to act tough and settle for nothing less than his extradition, arguing that a plea bargain cannot be a substitute for an international treaty.

The US has, however, refused to extradite Headley and made it clear that no decision had been taken on granting India direct access to him. The home ministry will soon write to the US department of justice, seeking a date to get direct access to Headley, currently under American custody. In the letter, 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 National Investigation Agency, which is probing the case, will file the charge-sheet against Headley only after getting direct access to him. 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 the Pakistan-based Lashkar-e-Tayiba, besides aiding and abetting the murder of six US citizens in the 26/11 attacks that killed 166 people. Headley was arrested by the Federal Bureau of Investigation from Chicago in October last year.