India confident of access to Headley

New Delhi: The American ambassador in India Timothy Roemer has created quite a storm saying it had not yet been decided whether India will get access to David Headley or not. (Read: Headley pleads guilty to all 12 charges, escapes extradition, death)

Yet, the man who waged war against Mumbai and scoured the country fornew targets and victims remains off-limits to Indian investigators. OnTuesday, US Ambassador Timothy Roemer gave India a nasty surprise,stating, "The US is committed to full information sharing in ourcounter terror partnership and in fact, in this case we have providedsubstantial information to the Government of India and we will continueto do so. However, no decision on direct access for India to DavidHeadley has been made. The US Department of Justice will work with theGovernment of India regarding the modalities of such cooperation." (Read: US asks India to be ready with team to question Headley)

But Home Secretary G K Pillai made it clear in NDTV show The Buck Stops Here that India will get direct access to Headley - architect of 26/11 - and the American ambassadors remarks should be ignored. (Read & Watch: Will get full access to Headley, says Pillai)

Pillai said that India's investigation is not hampered. "We haveexcellent cooperation from FBI but it is better to have direct accessto Headley as we will be free to ask him whatever we want."

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The Home Secretary also said that the government is carrying on with sending a team of the National Investigating Agency (NIA).

On Wednesday, Home Minister P Chidambaram said that he does not think there has been a "turn around" by the US on the issue of Indian investigators getting direct access to Pakistani-American LeT operative David Headley.

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"No, I don't think so," he shot back when asked whether there was a turn around by the US after its envoy in New Delhi Timothy J Roemer said that "no decision on direct access for India to David Headley has been made."

"... If you reflect more carefully that sentence (of Roemer) no way (it) contradicts what the US Attorney General (Eric Holder) has told me," Chidambaram told NDTV.

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Anger is building over what's being seen as America's mixed signals to India on its right to question the man at the centre of the country's biggest terror attack.

There was unease within the government and the Opposition after last week's plea bargain - Headley accepted he helped plan and execute 26/11 and other terror strikes at public places in India. In return, America promised Headley would not be extradited to India and waived the death penalty for Headley, whose terror conspiracy left more than 160 people dead during 26/11. (Read: For some, fears that US will be too soft on Headley)

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When Headley's plea bargain was first presented to a Chicago court, his lawyer said that Headley was obliged to accept interrogation by Indian officials. But the Indian government reacted cautiously. The plea agreement stated "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, video conferencing or letters rogatory."

Hours later, Home Minister P Chidambaram had said that he was not clear whether the plea bargain meant that India would be able to put questions directly to Headley. (Read: Full text of P Chidambaram's statement on Headley plea)

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"Significant number of information has been shared. But we need more information and I will continue to press for both interrogation and testify. We are sending a team to question him. There is difference between interrogation and testifying. Sending questions is different. We will wait and see," the Home Minister said.

A day later, Chidambaram said that in a phone call,  US attorney General Eric  had assured him that Indian investigators could finally question India's most- wanted. "India would be able to obtain access to David Coleman Headley to question him in a properly constituted judicial proceeding. Such judicial proceeding could be either pre-trial or during an inquiry or trial. It is also my understanding that David Coleman Headley is obliged to cooperate fully and truthfully in such proceedings," said Chidambaram. (Read: India can interrogate David Headley: P Chidambaram)

India's National Investigation Agency (NIA) started prepping a team that would leave soon for the US to access Headley. And then came the latest twist, courtesy the US Ambassador. Without any apparent context or trigger, Roemer said there was no decision on what sort of access India would have to Headley.

The Opposition attacked swiftly. What is surprising in it? We (Left) have already said that our relation with US is unequal. Our government will not assert the elementary rights which we should have, which is independent direct access to Headley," CPM General
Secretary Prakash Karat said.

The government has been embarrassed similarly before on the Headley case. After Headley was arrested by the FBI in September in Chicago, a team of India investigators headed to the US but were not allowed to meet Headley.