The Indian Government, it seems, is taking the country for a ride with regard to the David Headley case. The solicitor general has advised the government to push for Headley’s extradition to India. Indian leaders have been saying that the US would grant India access to Headley for questioning. But the US Ambassador to India, Timothy Roemer, said the US is yet to decide on whether to grant India access to Headley.

So while the confusion prevails on whether India will get access to Headley, Canary Trap brings you the details of Headley’s plea bargain. The government knows that Headley has signed a plea agreement while pleading guilty to all the 12 terrorism related charges against him.

The charges, as mentioned in the plea agreement (a copy of which is in the possession of Canary Trap), include:

  • Count One, which charges defendant with conspiracy to bomb places of public use in India, including, but not limited to, the conduct which led to the attacks on places of public use in Mumbai, India, from November 26 to 28, 2008, in violation of Title 18, United States Code, Section 2332f(a)(2);
  • Count Two, which charges defendant with conspiracy to murder and maim persons in India, in violation of Title 18, United State Code, Section 956(a)(1);
  • Counts Three through Eight, which charge defendant with aiding and abetting the murders of six United States nationals in Mumbai, India, in violation of Title 18, United States Code,Section 2332(a)(1);
  • Count Nine, which charges defendant with conspiracy to provide material support to terrorism in India, in violation of Title 18, United States Code, Section 2339A;
  • Count Ten, which charges defendant with conspiracy to murder and maim persons in Denmark, in violation of Title 18, United States Code, Section 956(a)(1);
  • Count Eleven, which charges defendant with conspiracy to provide material support to terrorism in Denmark, in violation of Title 18, United States Code, Section 2339A;
  • Count Twelve, which charges defendant with providing material support to Lashkar e Tayyiba in violation of Title 18, United States Code, Section 2339B.

The plea agreement also states that Headley has been cooperating with the US Government since his arrest on October 3, 2009. He has also provided substantial assistance to criminal investigation, and information of significant intelligence value.

Headley has also assured his truthful cooperation in future proceedings and keeping in mind these facts, the US Government has decided to not seek death penalty for him. However, the agreement also states that: “Defendant (Headley) understands that if he should breach this cooperation agreement and if the government, at its sole discretion, voids such agreement, the government will no longer be bound by its decision not to seek the death penalty.”

The plea agreement clearly mentions that Headley will not be extradited to any country.

“Defendant (Headley) shall not be extradited to the Republic of India, the Kingdom of Denmark, or the Islamic Republic of Pakistan, respectively, for any offenses for which he has been convicted in accordance with this plea.

Regarding the possibility of questioning Headley by foreign agencies (Indian or Pakistani), the plea agreement states: “Defendant 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, videoconferencing or letters rogatory.”

It is quite clear from the agreement that US wants to control access to David Headley for reasons that Canary Trap has highlighted in a previous post. The Indian Government can make tall claims of questioning/extraditing Headley, but the reality is that it is not being taken seriously by the US administration.

Click here to read Headley’s plea agreement…

(Note: The words in the quotes, highlighted in red, are not part of the actual text but have been added for the understanding of the readers.)