Headley: India to push for face-to-face access

Legal opinion may have advised Indian authorities to not forego the demand of seeking extradition of Pakistani-American terror suspect David Coleman Headley,but the Indian government,realising that extradition could be a long drawn process,has decided to press ahead with the demand for seeking direct,face-to-face access to the 49-year-old who has pleaded guilty to his involvement in the 26/11 Mumbai terror attacks. To record Headleys statement under CrPC,India is also planning to send a magistrate as part of the team that will visit the US to question Headley.

What we are seeking is direct,face-to-face access and not access through video-conferencing. Direct access is something that can be gained quickly and not extradition, a senior official in the Ministry of Home Affairs MHA said on Friday. A communication seeking this direct access is currently being prepared and is likely to be dispatched to US Department of Justice sometime next week.

As per the plea bargain,India can access Headley through deposition,video conferencing or through Letters Rogatory. The plea bargain,which is currently pending before a US court,also rules out Headleys extradition to India.

The team that India plans to send to the US will include officials from the National Investigation Agency NIA,the Mumbai Police and the Intelligence Bureau in addition to some judicial officers,including the magistrate.

A magistrate may be sent with the team to record Headleys statement under Section 164 of the CrPC, an official said. India plans to use this statement while initiating judicial proceedings against Headley.