According to the 2011 NIA charge sheet, Headley was accused of conspiracy, waging war against India, murder, attempt to murder and terrorist activities. (Archives)
According to intelligence sources, the US never cooperated with the extradition requests despite numerous attempts by India, which is why the investigation into the terror attack was never completed
It has been 14 years since India sought help from the United States to extradite David Coleman Headley, an American citizen of Pakistani origin and a key conspirator in the 2008 Mumbai terror attacks, but so far there has been no response.
According to senior intelligence sources, the government is fighting to bring Headley to India, but “cooperation has not been mutual and there has been no compliance with the Indian charge against him”.
The subject of extradition has once again hit the headlines with the FBI looking for Vikash Yadav for his alleged involvement in the plot to kill Khalistan terrorist and American citizen Gurpatwant Singh Pannun. Although the US has not yet sought his extradition, there are chances that they will approach India for help.
According to the 2011 NIA charge sheet, Headley was charged with conspiracy, waging war against India, murder, attempt to murder and terrorist activities.
The agency alleged that Headley conducted reconnaissance of target locations in Mumbai, gave locations to Lashkar-e-Taiba (LeT) operatives, helped plan and execute the Mumbai attacks with the help of Lashkar operatives and committed sighting of Taj Mahal Hotel, Oberoi Hotel and other target locations.
According to sources, Headley was sentenced to 35 years in prison in the United States, but India’s efforts to extradite him were unsuccessful. “They never once offered to help India by handing over Hadley to us. A terrorist attack like 26/11 was never fully investigated because Headley was not given to India.
INDIA’S LONG WAIT
In 2010, India first requested Headley’s extradition, but the US rejected it, citing the terms of his plea agreement.
India renewed its extradition request in 2011, which was again rejected by the US. In 2013, India made a new extradition request, stressing that Headley’s testimony was crucial to the trial of Abu Jundal, another accused in the Mumbai attacks. The US again refused. This happened again in 2016, when the National Investigation Agency (NIA) sent a new extradition request highlighting new evidence. The US once again did not comply.
THE CHALLENGES FACED BY INDIA IN HEADLEE’S EXTRADITION
To begin with, the United States has already sentenced Headley to 35 years in prison, making it unlikely that India could try him for the same crimes.
There are also limitations to the US-India extradition treaty, as it excludes “political crimes” and crimes punishable by death.
There are also human rights concerns, as European countries and the UK have rejected extradition requests over concerns of human rights abuses, torture or ill-treatment.
