Wednesday, March 24, 2010
Bangalore, Mar 24 (ANI): Union Law and Justice Minister M Veerappa Moily on Wednesday said the United States should permit Indian investigating agencies to probe Lashkar operative David Coleman Headley.
When asked that is 'unfair' and 'unjustified' on part of the US denying access to Indian investigators because the Central Government had permitted the Federal Bureau of Investigation (FBI) to probe 26/11 Mumbai terror attack accused Ajmal Kasab, Moily said we don't want to pass a value judgement on their policy.
"But this is the matter we need to hard press our argument, and have a strong bargain and tell them what is necessary. We need to make out a very strong case, which we have already made out how he is involved," said Moily.
"He is really involved. So in view of that, I think one day or the other, the US will have to agree to expedite the issue. Headley will have to undergo interrogation from our agents," he added.
India had earlier expressed satisfaction with Washington's cooperation on Headley.
United States Assistant Secretary of State for South and Central Asia, Robert Blake had on March 20 said Headley cannot be extradited to India now, but Indian investigators would be allowed to interrogate him.
Blake said that Headley would not be extradited to India, but Indian officials would be given the chance to interrogate him.
"The plea bargain agreement that was announced and part of the agreement was that United States would not extradite Headley either to India or to Pakistan or to Denmark on the charges for which he is now admitted guilty. That does not mean that at some future date, some additional charges could not be brought," said Blake.
"So, I don't want to speculate too much about that possibility of future extradition but at least on these charges he cannot be extradited. And the other question that has been raised is that whether Indian investigators will be allowed access to Headley to know more about his involvement in the planning of the Mumbai attacks, and the answer to that is yes," he added.
Headley pleaded guilty before a Chicago court on March 18, admitting he had scouted for targets ahead of a brazen terrorist attack on Mumbai on November 26, 2008.
As a result, as per law, Headley will not face any trial or won't be given the death penalty.nder the plea bargain, Headley has escaped the death penalty. He also cannot be extradited from the US to India, Pakistan or Denmark. (ANI)
Thursday, March 25, 2010
Kuwait's Zain approves Bharti's bid to connect with Africa
India's top telecom company Bharti Airtel was set to become the 7th largest global player in this business, with an approval from Kuwait's Zain to buy its African assets, other than those in Morocco and Sudan, for $10.7 billion.
'The company confirms that the board of directors of Zain met in Kuwait on Wednesday, March 24 to review the latest developments and negotiations related to this matter,' the Kuwaiti company said in a statement Thursday.
'The board is pleased to report that due diligence process has been completed and that the parties are finalising definitive agreements which are expected to be signed in the coming days.'
Thursday was the final day of their exclusive talks.
Based on regulatory approvals, the Sunil Mittal-led Bharti will pay $9 billion to acquire Zain's assets spread across 15 African countries. It will also adopt $1.7 billion of Zain's debt. Bharti has already tied up $.8.3 billion to fund the acquisition.
The confirmation saw the scrip of Bharti Airtel gain nearly 2.5 percent, or Rs.7.5, on the Bombay Stock Exchange Thursday, to rule at Rs.314.30. The scrip had earlier shot up to Rs.316.70.
This has been Bharti's third attempt to enter the largely untapped African market after failing to enter into a merger pact with South Africa's MTN on two occasions. Africa accounts a little over 60 percent of Zain's 71.8 million customers.
'Bharti's acquisition of Zain can be seen as a natural evolution of their business, as they have now reached critical mass in terms of size and share in the domestic market,' said Kamlesh Bhatia, principal research analyst with leading tech think tank Gartner.
'Zain presents a suitable opportunity to expand in a region that has a similar market condition, allowing Bharti to leverage its nearly perfected low cost, but high volume model,' Bhatia said, adding adapting to cultures in 15 countries will be a challenge.
Bharti Airtel is among Asia's leading telecom service providers with operations now in India, Sri Lanka and Bangladesh. As on Jan 31, It had the largest market share of 23.33 percent in India's mobile telephony segment with 121.71 million subscribers.
The Indian firm is currently the 10th biggest player in the global mobile phone service business, as opposed to Zain's 20th rank. Post the acquisition of the African assets of Zain, it is set to climb three places to the 7th position.
Some of the highlights of the deal with Zain are:
Offer of $10.7 billion for Zain's assets
Deal excludes Zain's operations in Morocco and Sudan
Zain has over 71.8 million customers in 23 countries
In the Middle East, it has 29.9 million and in Africa 41.9 million customers
Zain is listed on Kuwait Stock Exchange with 100 percent free float
Its largest shareholder is Kuwait Investment Authority with 24.6 percent
The company's consolidated revenue amounted to $6.1 billion last year
Bharti Airtel, which has been on the lookout for an overseas acquisition for over two years now, said last month that it would acquire a 70 percent controlling stake in the Bangladesh-based Warid Telecom to expand its global footprint.
The company had late last year failed to strike a deal for the second time with MTN.
The MTN deal, worth some $24 billion in cash and equity, envisaged Bharti getting a 49-percent stake in MTN, and the South African firm and its shareholders 36 percent equity in the Indian telecom major. But it got stuck over policy issues.
Now, MTN will be a major competitor in the territories the Indian company is entering.
'The company confirms that the board of directors of Zain met in Kuwait on Wednesday, March 24 to review the latest developments and negotiations related to this matter,' the Kuwaiti company said in a statement Thursday.
'The board is pleased to report that due diligence process has been completed and that the parties are finalising definitive agreements which are expected to be signed in the coming days.'
Thursday was the final day of their exclusive talks.
Based on regulatory approvals, the Sunil Mittal-led Bharti will pay $9 billion to acquire Zain's assets spread across 15 African countries. It will also adopt $1.7 billion of Zain's debt. Bharti has already tied up $.8.3 billion to fund the acquisition.
The confirmation saw the scrip of Bharti Airtel gain nearly 2.5 percent, or Rs.7.5, on the Bombay Stock Exchange Thursday, to rule at Rs.314.30. The scrip had earlier shot up to Rs.316.70.
This has been Bharti's third attempt to enter the largely untapped African market after failing to enter into a merger pact with South Africa's MTN on two occasions. Africa accounts a little over 60 percent of Zain's 71.8 million customers.
'Bharti's acquisition of Zain can be seen as a natural evolution of their business, as they have now reached critical mass in terms of size and share in the domestic market,' said Kamlesh Bhatia, principal research analyst with leading tech think tank Gartner.
'Zain presents a suitable opportunity to expand in a region that has a similar market condition, allowing Bharti to leverage its nearly perfected low cost, but high volume model,' Bhatia said, adding adapting to cultures in 15 countries will be a challenge.
Bharti Airtel is among Asia's leading telecom service providers with operations now in India, Sri Lanka and Bangladesh. As on Jan 31, It had the largest market share of 23.33 percent in India's mobile telephony segment with 121.71 million subscribers.
The Indian firm is currently the 10th biggest player in the global mobile phone service business, as opposed to Zain's 20th rank. Post the acquisition of the African assets of Zain, it is set to climb three places to the 7th position.
Some of the highlights of the deal with Zain are:
Offer of $10.7 billion for Zain's assets
Deal excludes Zain's operations in Morocco and Sudan
Zain has over 71.8 million customers in 23 countries
In the Middle East, it has 29.9 million and in Africa 41.9 million customers
Zain is listed on Kuwait Stock Exchange with 100 percent free float
Its largest shareholder is Kuwait Investment Authority with 24.6 percent
The company's consolidated revenue amounted to $6.1 billion last year
Bharti Airtel, which has been on the lookout for an overseas acquisition for over two years now, said last month that it would acquire a 70 percent controlling stake in the Bangladesh-based Warid Telecom to expand its global footprint.
The company had late last year failed to strike a deal for the second time with MTN.
The MTN deal, worth some $24 billion in cash and equity, envisaged Bharti getting a 49-percent stake in MTN, and the South African firm and its shareholders 36 percent equity in the Indian telecom major. But it got stuck over policy issues.
Now, MTN will be a major competitor in the territories the Indian company is entering.
Monday, March 22, 2010
HC asks Nanavati Commission to clarify stand on summoning Modi
Ahmedabad: The Gujarat High Court today asked the Nanavati Commission, probing the 2002 riot cases, to clarify by April 1 whether it will summon Gujarat Chief Minister Narendra Modi in the matter.
A division bench of Chief Justice S J Mukhopadhaya and Justice Akil Kureshi sought this information from the
government pleader while hearing an appeal by Jan Sangarsh Manch (JSM), an NGO representing the 2002 riot victims.
When the matter came up for hearing today the court asked the government pleader to get clarification from Nanavati
Commission by April 1 with regard to its order of September 2009, and inform the court whether its decision not to summon
Modi and others was a final decision or a tentative one.
Nanavati Commission, in September last year had disposed of JSM's application asking for summoning of Modi and others
saying that it did not find justification in cross-examining them at that point of time for the purpose stated by JSM.
The Commission had further stated in the order that allegations made in JSM's application were vague and based on
wrong or unwarranted assumptions.
JSM had sought quashing of the Nanavati Commission's order in the Gujarat High Court and prayed that Modi and three
others -- the then home minister Gordhan Zadafia, health minister Ashok Bhat and DCP Zone 5, R J Savani-- be called for
cross examination with regard to the 2002 riots. PTI
A division bench of Chief Justice S J Mukhopadhaya and Justice Akil Kureshi sought this information from the
government pleader while hearing an appeal by Jan Sangarsh Manch (JSM), an NGO representing the 2002 riot victims.
When the matter came up for hearing today the court asked the government pleader to get clarification from Nanavati
Commission by April 1 with regard to its order of September 2009, and inform the court whether its decision not to summon
Modi and others was a final decision or a tentative one.
Nanavati Commission, in September last year had disposed of JSM's application asking for summoning of Modi and others
saying that it did not find justification in cross-examining them at that point of time for the purpose stated by JSM.
The Commission had further stated in the order that allegations made in JSM's application were vague and based on
wrong or unwarranted assumptions.
JSM had sought quashing of the Nanavati Commission's order in the Gujarat High Court and prayed that Modi and three
others -- the then home minister Gordhan Zadafia, health minister Ashok Bhat and DCP Zone 5, R J Savani-- be called for
cross examination with regard to the 2002 riots. PTI
Date for response from stakeholders on Telangana extended
The Justice Srikrishna committee appointed to look into the issue of statehood for Telangana Monday extended till April 10 the date for receiving views and suggestions from political parties and other stakeholders on the various terms of reference put out by it.
The decision was taken in view of requests that 'some more time is required as the issues involved require in-depth study and examination'.
'The committee has considered the requests made and agreed to extend the date for submission of responses by April 10,' said member-secretary of the committee Vinod K. Duggal in an advertisement published in leading dailies in the capital Monday.
The one-month period for submitting views and suggestions expired March 21, Sunday.
The five-member committee, formed after violent agitations by political parties and student organisations for carving out a separate Telangana state, also requested stakeholders to furnish the details at the earliest so that it 'can start holding consultations' with the parties, organisations and groups concerned 'as quickly as possible'.
The committee, mandated to 'examine the situation in the state of Andhra Pradesh with reference to the demand for a separate state of Telangana as well as the demand for maintaining the present status of a united Andhra Pradesh', is slated to submit its report to the central government by Dec 31.
The other members besides Justice Srikrishna and Duggal are Ranbir Singh, vice chancellor of the National Law University, Delhi; Abu Saleh Shariff, senior research fellow in International Food Policy Research Institute, Delhi; and Rabinder Kaur, professor at the department of humanities and social sciences at the Indian Institute of Technology-Delhi.
The decision was taken in view of requests that 'some more time is required as the issues involved require in-depth study and examination'.
'The committee has considered the requests made and agreed to extend the date for submission of responses by April 10,' said member-secretary of the committee Vinod K. Duggal in an advertisement published in leading dailies in the capital Monday.
The one-month period for submitting views and suggestions expired March 21, Sunday.
The five-member committee, formed after violent agitations by political parties and student organisations for carving out a separate Telangana state, also requested stakeholders to furnish the details at the earliest so that it 'can start holding consultations' with the parties, organisations and groups concerned 'as quickly as possible'.
The committee, mandated to 'examine the situation in the state of Andhra Pradesh with reference to the demand for a separate state of Telangana as well as the demand for maintaining the present status of a united Andhra Pradesh', is slated to submit its report to the central government by Dec 31.
The other members besides Justice Srikrishna and Duggal are Ranbir Singh, vice chancellor of the National Law University, Delhi; Abu Saleh Shariff, senior research fellow in International Food Policy Research Institute, Delhi; and Rabinder Kaur, professor at the department of humanities and social sciences at the Indian Institute of Technology-Delhi.
Friday, March 19, 2010
Hijacked plane can be shot down: Anti-hijacking law amendment
With terror threats from skies looming large in the wake of 9/11 in the US, government is likely to amend the existing anti-hijacking law which would arm it with powers to shoot down a hijacked aircraft and providing for death penalty for hijackers.
The issue of amending the law is likely to come up before the union cabinet on Friday, official sources said.
The amendment will seek to provide a legal backing for any extraordinary move like shooting down an aircraft whose hijack has been established and the hijackers have intentions to target vital installation by using it as a missile like it had happened in New York on 9/11.
The policy also provides for immobilisation of the aircraft and disallowing it to take off if the hijack takes place on the Indian soil.
During the Kandahar hijack in December 1999, 178 passengers and 11 crew members were exchanged for four dreaded terrorists, including Maulana Masood Azhar who later floated the terror outfit Jaish-e-Mohammed (JeM). At that time, security forces had failed to immobilise the plane at Amritsar airport.
The group of ministers headed by home minister P Chidambaram, had examined the proposal to amend the existing
Anti-hijacking Act of 1982 to cover aspects of conspiracy to hijack an aircraft.
The issue of amending the law is likely to come up before the union cabinet on Friday, official sources said.
The amendment will seek to provide a legal backing for any extraordinary move like shooting down an aircraft whose hijack has been established and the hijackers have intentions to target vital installation by using it as a missile like it had happened in New York on 9/11.
The policy also provides for immobilisation of the aircraft and disallowing it to take off if the hijack takes place on the Indian soil.
During the Kandahar hijack in December 1999, 178 passengers and 11 crew members were exchanged for four dreaded terrorists, including Maulana Masood Azhar who later floated the terror outfit Jaish-e-Mohammed (JeM). At that time, security forces had failed to immobilise the plane at Amritsar airport.
The group of ministers headed by home minister P Chidambaram, had examined the proposal to amend the existing
Anti-hijacking Act of 1982 to cover aspects of conspiracy to hijack an aircraft.
India OK with life sentence for David Headley: Govt
NEW DELHI: The Indian government will be 'satisfied' if Pakistani-American David Coleman Headley, who pleaded guilty in a US court to his involvement in the Mumbai attacks, is awarded a life sentence, home secretary G K Pillai said on Friday.
'The US Attorney General has advised a sentence of life imprisonment. If he gets a sentence of life imprisonment, I don't think government of India will be unsatisfied,' he said here.
He said other details of his accessibility for questioning by India, interrogation or about giving testimony have to be worked out in the coming weeks.
Headley can now be directly questioned by Indian investigators after his confession in a court in US to his involvement in the Mumbai terror attacks, although he will not be extradited to India.
The US, which has so far denied India the right to question Headley, arrested by the FBI in October last year, said he has agreed to 'fully and truthfully' participate in this process which has to be undertaken only on US soil.
Headley, accused of plotting the 26/11 Mumbai attacks at the behest of Pakistan-based terror group Lashkar-e-Taiba and conspiring to target a Danish newspaper, pleaded guilty to all terror charges before a US court.
Under the plea bargain, he has escaped the death penalty. He also cannot be extradited from the US to India, Pakistan or Denmark.
'When directed by the US Attorney's Office, Headley must fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information,' the US Department of Justice has said in a statement.
'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,' the statement said soon after the 49-year- old Chicago resident pleaded guilty on all 12 charges against him.
Headley's lawyer John Theis told reporters after the over 30-minute hearing held before US District Judge Harry Leinenweber that 'he has agreed to allow himself to be interviewed by foreign governments in this country' as part of the agreement.
India, which had pressed for the maximum death penalty to Headley, can now approach the US to directly question him.
His admission of being trained in Pakistan terror camps nails Islamabad's lie that such camps were nonexistent.
Headley faces six counts of conspiracy involving bombing public places in India, murdering and maiming persons and providing material support to foreign terrorist plots and LeT; and six counts of aiding and abetting the murder of six US citizens in the 26/11 attacks that killed 166 people.
'Headley has agreed to not only continue his cooperation with the government, which he has been doing since October, but also to make himself available for interviews by other governments in this country,' Headley's attorney Theis said.
Headley, who had pleaded not guilty on January 14 to the charges against him, did a U-turn in the 35-page plea agreement and admitted to all the charges.
When asked, if this means that Indian investigators could come to US and talk to Headley, even about the Mumbai attacks, Theis said 'Yes. If he refuses to talk to foreign governments here, it would mean a violation of the plea agreement'.
The plea agreement states that whenever directed by the US Attorney's Office, 'Headley must fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information.'
Since his arrest in October, Headley has been cooperating with the government and has provided substantial assistance in the investigation of this case as well as 'critical' information regarding intelligence on other matters.
He said all the information that Headley has given to US authorities is and has been shared with India and Denmark.
Asked if plea agreement was a setback to India, Theis said 'I can't see how it can be interpreted as a setback for India. They are going to have the same opportunities that the US here to question Mr Headley and he will make himself available.'
'Obviously, his lawyer will be present but he is required under the terms of the agreement to cooperate with Indian authorities as well as Danish or Pakistani if they choose to do the same thing,' he said.
Through the 13 days that Headley 'talked', he was informed of his right to remain silent, of his right to counsel, that anything he said could and would be used against him. 'But he chose not to exercise those rights and in fact to provide timely, thorough, trustworthy and complete information,' Headley's lawyer Robert Seeder added.
Seeder said the information provided by Headley has 'significantly helped the United States and has also aided other countries'.
The lawyers refused to comment on the issue of Headley, son of a former Pakistani diplomat and a Philadelphia socialite, being a double agent. 'There is nothing in the plea agreement about anything about that (his being a double agent). I don't know where that kind of language comes from'.
On whether Headley would get a life sentence, Theis said the range of the sentence could be either life or any other sentence less than that as authorised by law. 'It is obviously a complicated case. Sentencing is up to Judge Leinenweber. This case has a long way to go,' he added.
Meanwhile, US Attorney spokesperson Randall Samborn said life imprisonment in the case of Headley is the maximum sentence without probation. He said Headley is 'not eligible for probation'.
'The US Attorney General has advised a sentence of life imprisonment. If he gets a sentence of life imprisonment, I don't think government of India will be unsatisfied,' he said here.
He said other details of his accessibility for questioning by India, interrogation or about giving testimony have to be worked out in the coming weeks.
Headley can now be directly questioned by Indian investigators after his confession in a court in US to his involvement in the Mumbai terror attacks, although he will not be extradited to India.
The US, which has so far denied India the right to question Headley, arrested by the FBI in October last year, said he has agreed to 'fully and truthfully' participate in this process which has to be undertaken only on US soil.
Headley, accused of plotting the 26/11 Mumbai attacks at the behest of Pakistan-based terror group Lashkar-e-Taiba and conspiring to target a Danish newspaper, pleaded guilty to all terror charges before a US court.
Under the plea bargain, he has escaped the death penalty. He also cannot be extradited from the US to India, Pakistan or Denmark.
'When directed by the US Attorney's Office, Headley must fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information,' the US Department of Justice has said in a statement.
'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,' the statement said soon after the 49-year- old Chicago resident pleaded guilty on all 12 charges against him.
Headley's lawyer John Theis told reporters after the over 30-minute hearing held before US District Judge Harry Leinenweber that 'he has agreed to allow himself to be interviewed by foreign governments in this country' as part of the agreement.
India, which had pressed for the maximum death penalty to Headley, can now approach the US to directly question him.
His admission of being trained in Pakistan terror camps nails Islamabad's lie that such camps were nonexistent.
Headley faces six counts of conspiracy involving bombing public places in India, murdering and maiming persons and providing material support to foreign terrorist plots and LeT; and six counts of aiding and abetting the murder of six US citizens in the 26/11 attacks that killed 166 people.
'Headley has agreed to not only continue his cooperation with the government, which he has been doing since October, but also to make himself available for interviews by other governments in this country,' Headley's attorney Theis said.
Headley, who had pleaded not guilty on January 14 to the charges against him, did a U-turn in the 35-page plea agreement and admitted to all the charges.
When asked, if this means that Indian investigators could come to US and talk to Headley, even about the Mumbai attacks, Theis said 'Yes. If he refuses to talk to foreign governments here, it would mean a violation of the plea agreement'.
The plea agreement states that whenever directed by the US Attorney's Office, 'Headley must fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information.'
Since his arrest in October, Headley has been cooperating with the government and has provided substantial assistance in the investigation of this case as well as 'critical' information regarding intelligence on other matters.
He said all the information that Headley has given to US authorities is and has been shared with India and Denmark.
Asked if plea agreement was a setback to India, Theis said 'I can't see how it can be interpreted as a setback for India. They are going to have the same opportunities that the US here to question Mr Headley and he will make himself available.'
'Obviously, his lawyer will be present but he is required under the terms of the agreement to cooperate with Indian authorities as well as Danish or Pakistani if they choose to do the same thing,' he said.
Through the 13 days that Headley 'talked', he was informed of his right to remain silent, of his right to counsel, that anything he said could and would be used against him. 'But he chose not to exercise those rights and in fact to provide timely, thorough, trustworthy and complete information,' Headley's lawyer Robert Seeder added.
Seeder said the information provided by Headley has 'significantly helped the United States and has also aided other countries'.
The lawyers refused to comment on the issue of Headley, son of a former Pakistani diplomat and a Philadelphia socialite, being a double agent. 'There is nothing in the plea agreement about anything about that (his being a double agent). I don't know where that kind of language comes from'.
On whether Headley would get a life sentence, Theis said the range of the sentence could be either life or any other sentence less than that as authorised by law. 'It is obviously a complicated case. Sentencing is up to Judge Leinenweber. This case has a long way to go,' he added.
Meanwhile, US Attorney spokesperson Randall Samborn said life imprisonment in the case of Headley is the maximum sentence without probation. He said Headley is 'not eligible for probation'.
Headley's extradition tough but India will still press for it: Chidambaram
March 19, 2010 PTI
New Delhi: Not viewing as a 'setback' the plea bargain between 26/11 accused David Headley and the US government, India today said it will continue to press for his extradition even though it is difficult as he is accused of commiting crime in the US also.
Mumbai under attackHome minister P Chidambaram said India would file charges against Headley, a 49-year-old Pakistani-American operative of Lashkar-e Taiba, at an "appropriate time" and seek access to him.
He said the US has provided "significant amount of information" with regard to Headley's activities but many questions remained unanswered and India wanted replies to these.
Chidambaram noted that the plea bargain between Headley and the US government would provide an opportunity to India to question him as he has agreed to "fully and truthfully testify to any foreign judicial proceedings held in the US, either through deposition, video conferencing or through Letters Rogatory (a formal communication to request testimony of a witness residing foreign land)."
"It is not a setback," he told reporters when asked to comment on the plea bargain under which the 26/11 accused would escape death penalty and instead could be imprisoned for his life (meaning entire life).
"There is a good chance that he will testify in a US court where Indian authorities will have a chance to ask questions," he said.
He, however, added that the fate of the plea bargain would depend on the court which is not a party to it although the court is "by and large bound" by it.
On the possibility of Headley's extradition to India, the home minister said it would be difficult as he is accused of committing crimes in the US as well.
He said extradition would have been an easy affair if Headley had committed crime only in India and was a fugitive in the US.
However, with regard to the Mumbai attacks, Headley is accused both in India as well as in the US, where he "conspired" in the killing of people, who included six Americans, Chidambaram said.
"So American authorities have jurisdiction to prosecute him as he was apprehended in the US. We will have jurisdiction when we file charges against him," he said.
"Since he was apprehended in the US, we had apprehended problems in extradition. But, we have not given up our plea.
We will continue to maintain our plea for his extradition.But, it will depend on what the court decides on the plea bargain," he said.
New Delhi: Not viewing as a 'setback' the plea bargain between 26/11 accused David Headley and the US government, India today said it will continue to press for his extradition even though it is difficult as he is accused of commiting crime in the US also.
Mumbai under attackHome minister P Chidambaram said India would file charges against Headley, a 49-year-old Pakistani-American operative of Lashkar-e Taiba, at an "appropriate time" and seek access to him.
He said the US has provided "significant amount of information" with regard to Headley's activities but many questions remained unanswered and India wanted replies to these.
Chidambaram noted that the plea bargain between Headley and the US government would provide an opportunity to India to question him as he has agreed to "fully and truthfully testify to any foreign judicial proceedings held in the US, either through deposition, video conferencing or through Letters Rogatory (a formal communication to request testimony of a witness residing foreign land)."
"It is not a setback," he told reporters when asked to comment on the plea bargain under which the 26/11 accused would escape death penalty and instead could be imprisoned for his life (meaning entire life).
"There is a good chance that he will testify in a US court where Indian authorities will have a chance to ask questions," he said.
He, however, added that the fate of the plea bargain would depend on the court which is not a party to it although the court is "by and large bound" by it.
On the possibility of Headley's extradition to India, the home minister said it would be difficult as he is accused of committing crimes in the US as well.
He said extradition would have been an easy affair if Headley had committed crime only in India and was a fugitive in the US.
However, with regard to the Mumbai attacks, Headley is accused both in India as well as in the US, where he "conspired" in the killing of people, who included six Americans, Chidambaram said.
"So American authorities have jurisdiction to prosecute him as he was apprehended in the US. We will have jurisdiction when we file charges against him," he said.
"Since he was apprehended in the US, we had apprehended problems in extradition. But, we have not given up our plea.
We will continue to maintain our plea for his extradition.But, it will depend on what the court decides on the plea bargain," he said.
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