Union Home Minister P Chidambaram on Saturday said that India will be able to obtain access to United States terror accused David Headley for questioning in a properly constituted judicial proceeding in which he is obliged to cooperate fully.
He said this in a statement after US Attorney General and Head of Justice Department Eric Holder spoke to him over telephone on Friday night and clarified to him about a number of aspects concerning Headley's plea bargaining with the US government in a case related to conspiracy in the 26/11 Mumbai attacks.
After the discussion, Chidambaram said he has directed the National Investigation Agency and other agencies to prepare questions for Headley.
"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 either pre-trial or during an inquiry or trial," he said.
"It is also my understanding that Headley is obliged to cooperate fully and truthfully in such proceedings," he said in the statement.
He said the conversation with Holder has clarified a number of aspects concerning the plea agreement.
During the long talk, Holder drew pointed attention to the portion under the Chapter 'Cooperation' of the 35-page plea agreement where Headley agrees that, when directed by the United States Attorney's Office, he will fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information.
"Defendant (Headley) further agrees that, when directed by the United States Attorney's Office, he will fully and truthfully testify in any foreign judicial proceedings held in the United States by way of deposition, video conferencing or letters rogatory. Defendant agrees to the postponement of his sentencing until after the conclusion of his cooperation."
"I have today directed NIA and the other Agencies concerned in the case to quickly prepare the documents necessary to start a judicial proceeding in which Indian Authorities could require David Coleman Headley to answer questions and/or to testify," Chidambaram said.
NIA has already registered a case on November 11 last against Headley and his Pakistani-Canadian Tahawwur Hussain Rana. He said there was another aspect of the 'plea agreement' which was of enormous significance as it 'is the most damning indictment of the role played by certain persons in Pakistan.'
In his plea agreement, Headley has admitted to conspiring with the Lashkar-e-Tayiba members.
He has admitted to meeting with and receiving instructions from them; he has admitted to attending training camps organised by the LeT on five separate occasions; he has admitted to meeting in Pakistan with various co-conspirators including but not limited to LeT members; and he has admitted to being privy to the attacks planned in Mumbai and the despatch of a team of attackers by sea, the statement said.
The minister said Pakistan was in a state of denial for many months after the attacks of 26/11.
Thereafter, grudgingly and bowing to the pressure applied by India through the dossiers and otherwise, Pakistan initiated proceedings against a few of the persons involved in the conspiracy, even while key conspirators are still at large.
"The plea agreement should spur Pakistan to take action against all the conspirators and bring them to justice. Nothing short of that will be acceptable to India or will satisfy world opinion," Chidambaram said.
