Hold new chargesheet against Headley: Govt

New Delhi: With only hours to go before 26/11 terror accused David Headley's guilty plea in a Chicago court, India is cautious about what he will plead guilty to.

External Affairs Minister SM Krishna said, “I don't want to get hypothetical on what he (Headley) intends doing or what he ultimately will do. We will await what he does, in terms of his own statements in the trial.”

The charges against Headley are serious enough to invite the death penalty under US criminal law:

Six counts of bombing, maiming and murdering people in India.

Providing material support to foreign terrorist plots and the Lashkar-e-Toiba.

Six counts of aiding and abetting the murder of US citizens in India.

But even though Headley's activities in India are known, Indian investigators haven't been allowed access to Headley and it seems unlikely the US will extradite its own citizen to India.

Indian agencies have now put in a request for access to Headley’s American wife who could be aware of Headley's conspiracies and provide more evidence to Indian investigators.

However, what is of concern to the Indian government is the possibility that Headley could have been a US double agent and his pleading guilty is just a ploy to get away with a lesser sentence. Also that Headley could get away with little or no punishment for his involvement in the 26/11 conspiracy.

When asked, US Ambassador Timothy Roemer was evasive.

"We are cooperating on all issues including terrorism," said Romer.

The countdown to Headley’s guilty plea hearing has begun and though the Indian government is being cautious in its reaction, its concerns are apparent. The prosecutors in Mumbai are considering the option of filing a supplementary chargesheet against him but if he gets away with a lenient sentence, all these efforts would lead to naught.

It’s that concern that has led the Ministry of Home Affairs (MHA) to advise National Investigating Agency (NIA) to not file a chargesheet immediately as that would delay the judgment in Kasab's trial but the government is waiting for the details of the Chicago hearing on Thursday before formulating its final response.

Meanwhile, the special prosecutor in the 26/11 case Ujjwal nikam says Headley’s confession will not make any difference to the ongoing trial against Ajmal Kasab.

Nikam said, “Even if Headley is extradited or if he pleads guilty of charge in the US, it will not affect our case against Kasab.”

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