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This is an archive article published on March 24, 2010

Hold on for date with Headley,need to set it up with Justice: US to India

The US government today sought to clarify that legal processes will have to be followed as India prepares to seek access to question Pakistani-American terror suspect David Coleman Headley....

The US government today sought to clarify that legal processes will have to be followed as India prepares to seek access to question Pakistani-American terror suspect David Coleman Headley who has pleaded guilty to plotting and setting up the 26/11 Mumbai terror attacks.

Sources said that Washington has told New Delhi that once the modalities are worked out as per procedure,it could get access as early as next month.

Clarifying recent remarks made by US Assistant Secretary Robert Blake that India will have full access to all the information on Headley,US Ambassador to India Timothy J. Roemer said today: As the Assistant Secretary indicated,the US is committed to full information sharing in our counter-terror partnership and,in fact,in this case we have provided substantial information to the Government of India and we will continue to do so. However,no decision on direct access for India to David Headley has been made. The US Department of Justice will work with the Government of India regarding the modalities of such cooperation.

Following Blakes remarks last week,US Attorney General and Head of the Justice Department Eric Holder had called up Union Home Minister P Chidambaram. Holder had underlined the plea agreement which stated that Headley,when directed by the US Attorneys Office,had to fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information and had to fully and truthfully testify in any foreign judicial proceedings held in the United States by way of deposition,video conferencing or letters rogatory.

It also said that Headley had agreed to the postponement of his sentencing until after the conclusion of his cooperation.

It is my understanding that India would be able to obtain access to David Headley to question him in a properly constituted judicial proceeding. Such judicial proceeding could be either pre-trial or during an inquiry or trial. It is also my understanding that David Coleman Headley is obliged to cooperate fully and truthfully in such proceedings, Chidambaram had said after this conversation with Holder.

Reacting to Roemers remarks made today,officials in the Ministry of Home Affairs MHA said that nothing had changed from an Indian perspective. Getting access to Headley is a legal matter. It is the law that prevails and not opinions. The US law will determine the kind of access we get, a senior MHA official said.

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Sources said that the governments top law officers,including the Solicitor General,will help in preparing the ground for seeking access as per requirements under US law.

 

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