NEW DELHI: India seethed with impotent rage on Friday after Pakistani-American Dawood Gilani or David Coleman Headley was sentenced to 35 years of jail term for his role in planning of the 26/11 Mumbai attacks.
Foreign minister Salman Khurshid gave voice to the feeling that the punishment for the Pakistan-born American jehadi was not proportional to the enormity of his crime in mapping the target for 26/11 killers, saying that Headley would have got a tougher sentence if the trial had taken place in India. Reacting to Headley's sentencing by a US court, Khurshid said that India will continue to press for his extradition. "We would have wanted him to be produced in court here and face trial because we suffered the maximum damage from him. We will continue to strive to ensure that people like him are brought here and made to face trial because I believe that if the trial took place here, the punishment would have been even more serious," he said.
"We are a bit disappointed with the verdict. But we know that the judge also said that the punishment was limited because under their criminal justice system he (Headley) was entitled to enter into a plea bargain and evade death penalty and extradition," he added. "But we will continue to try and ensure that what we want and what we hope for finally happens," he said.
Union home secretary R K Singh was far more forthright in echoing the popular sentiment that Headley — as part of Lashkar's 26/11 plot — did a reconnaissance of potential targets for the jehadi gang who attacked Mumbai on 26/11, and, hence, deserves nothing short of a "death sentence". "Our view is that all those involved in 26/11 case should receive death penalty. That has been our consistent stand... We want death sentence for Headley and those who were involved in killing of 166 people in Mumbai. We will keep asking for his death sentence," Singh said.
Singh, however, did explain how that would be possible now when the US court had already given Headley a 35-year jail term, which was what the US prosecutors had demanded. Despite being aware of the impossibility of Headley's extradition to a foreign country in light of the conditions of conditions of Headley's plea bargain, Singh maintained that the terrorist should be tried in India. "We will continue to press for extradition of Headley. The agreement (not to extradite him to India) is between the US and Headley, not with India....Headley was involved not only in Mumbai conspiracy, but he also carried out reconnaissance in other places. Our request for his extradition stands," he said.
Asked about the involvement of operatives of Pakistan's ISI in the 26/11 case, the home secretary said India had given enough evidence to Pakistan on the perpetrators and it was the responsibility of the neighbouring country to bring all the conspirators to justice.
The BJP, too, demanded his immediate extradition. "We want him to be tried like Ajmal Kasab. No Indian can settle for less than death sentence for Headley...We demand from the government of India to bring Headley to India without delay as the crime was committed on Indian soil," party spokesperson Rajiv Pratap Rudy said here.
"The sentence handed down to Headley is perhaps for the death of six Americans killed on Indian soil. What about the other people killed across Mumbai in the ghastly act? BJP demands justice for them which is only possible when Headley is brought to India to be tried by our courts," he said.
A section within the government, however, believed that the cries for death penalty and extradition appeared to be quite unrealistic as these options are not there for India under the existing US legal procedure. Officials said that Headley's extradition was impossible under his plea bargain clauses.
"The American terrorist can be extradited only if he violates the provisions of the plea bargain, which he certainly won't. He will continue to cooperate with the US agency to avoid his extradition to either India or any other country", said an official. Sources also point out that Headley will be a ripe 87-year-old man by the time his sentence runs out, doubting whether India will gain substantially by seeking his extradition at that time.
Headley had pleaded guilty on all 12 counts, including his role in Mumbai terror attack only after getting such an assurance from the US agency. He, in lieu of this concession, had promised cooperation with US agency in all possible manners — whether it is providing information, being available for questioning or deposing through video-conferencing for any future case in India, Pakistan or any other country.
Since Headley won't be tried in India in the 26/11 case as an accused cannot be put in double jeopardy by trying him again for an offence for which he has already been convicted, India can at the most request the US to let him depose in some different case — like the NIA case — during trial via video-conferencing.
The NIA had in December, 2009, registered a case against both Headley and his accomplice Tahawwur Hussain Rana for their alleged involvement in a conspiracy to carry out terror attacks in other parts of the country, including the national Capital and Pune.
Helpless India says will keep seeking David Headley's extradition
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Helpless India says will keep seeking David Headley's extradition
