David Coleman Headley: Chargesheet against him by Indian agency will take time...the decision locks in Kasab's fate

Headley to be charged after Kasab’s trial?

Vishwa Mohan \TNN
New Delhi: American Lashkare-Taiba terrorist David Coleman Headley may not be chargesheeted in India till Ajmal Kasab’s conviction in the 26/11 case is confirmed by the apex court.
The indication comes from a leaked US embassy cable, which detailed an old conversation between home minister P Chidambaram and FBI director Robert Mueller. Chidambaram, during his meeting with Mueller on February 23, noted that the government would not file formal charges against Headley until Kasab’s trial was finished “fearing that Kasab would use the Headley charges to delay the conclusion of his own trial”. He had referred to the case, which is being investigated by the National Investigation Agency (NIA).
Though the home minister had expressed apprehension before the FBI chief at the time when Kasab’s case was being tried in a lower court, an official—privy to the NIA’s move and ongoing investigation—said, “The concern remains unchanged as the terrorist’s conviction is currently being heard by the Bombay high court for confirmation. Once the HC confirms Kasab’s conviction (death penalty), the matter will go to the Supreme Court in due course.”

Officials said the NIA would not like to file a chargesheet against Headley till Kasab’s matter was concluded as the fear that the 26/11 attacker may use such charges to delay the legal process still exists.
The NIA has filed a case against Headley, Canadian citizen Tahawwur Hussain Rana and others who entered into a criminal conspiracy with members of the LeT and the Hu-JI to commit terrorist acts in New Delhi and other places in India.
The case was filed against them in November last year under Sections 121A, 120 (B) IPC, UAP Act and Section-18 of the SAARC Convention (Suppression of Terrorism) Act, 1993.
Chidambaram had also requested access to Headley’s wife, Shazia. Indian agencies have, however, not gained such access so far. “A letter rogatory to this effect would be sent to the US in due course,” said an official.
Referring to the home minister’s concerns regarding Headley, the US embassy cable said, “In reply to Chidambaram’s observation that the worst outcome would be a light sentence of two or three years for Headley, Mueller said Headley was looking at a considerably longer sentence.”
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