New Delhi, March 26
With no immediate hope of terror-suspect David Coleman Headley’s extradition, India has decided to send a magistrate to the US to record his statement under Section 164 of the CrPC that is admissible in a court here.
The Home Ministry will seek direct access for a face-to-face talk with Headley. Under the plea bargain between Headley and the US government, he has to ‘fully cooperate’ with foreign investigating agencies.
“We can have access to the terrorist by deposition, video- conferencing or through Letters Rogatory. We would like to explore all options,” official sources said today.
A request letter for access to Headley, a Lashkar-e-Taiba operative, who has admitted his role in Mumbai attacks, would be sent by the Home Ministry next week to the US Department of Justice, they added. Headley’s statement would be crucial when charges are framed against him in Mumbai. Besides the magistrate, the team will also comprise lawyers and officials of the Mumbai Police and the NIA, who will question the 49-year old Pakistani-American, who has admitted to plotting the 26/11 attack that left over 166 persons dead.
In the letter, which is being finalised 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. Sources said the NIA, probing the case, will file the chargesheet against him only after having a direct access to him.
Asked about reports that among Headley’s handlers, there were four Pakistan Army officers — three serving and one retired — the sources said India has information about two Army officers, one serving and one retired. Their names were mentioned in the dossiers given to Pakistan during the February 25 Foreign Secretary-level talks between India and Pakistan. “There could be a third Army officer, but there is no reliable information about him,” the sources said. The sources, however, said hundreds of Pakistan Army officers could be involved in anti-India activities or giving training to terrorists like Indian Mujahideen. “Some of them may be involved in sending people through Nepal border, some of them may be involved in sending people through Bangladesh or other anti-India activities,” they said. Headley was arrested by the FBI in October last year. (With PTI inputs)