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This Article is From Mar 17, 2010

Will David Headley be extradited to India?

Will David Headley be extradited to India?
New York: Will India be able to extradite David Headley from the United States now that he may plead guilty? (Watch: Headley's terror trail in India)

After pleading not guilty a month back, 26/11 accused David Headley is set to appear in a Chicago court on Thursday for a change of plea hearing. (Read & Watch: Headley may plead guilty in US court)

Under the extradition treaty, signed by India and the US in 1997, this should be a slam-dunk.

But the fact that Headley has been charged on six counts of aiding and abetting the murder of US citizens makes it doubtful that he will be extradited to India before he can be held accountable in US courts.

This is the first major case of a US national carrying out a terror plot outside the US.

As an American at the center of an international terrorism plot, Headley 's profile is very troubling for the US authorities, who have been worried about an increasing threat from homegrown Islamic terrorism by radicalized American Muslims.

On filing charges against Headley, the Assistant Attorney General for National Security said that the US will work with and share leads with India on this case.

"This case serves as a reminder that the terrorist threat is global in nature and requires constant vigilance at home and abroad. We continue to share leads developed in this investigation with our foreign and domestic law enforcement partners as we work together on this important matter," said David Kris, Assistant Attorney General for National Security.

But given the gravities of the charges against Headley, it seems highly likely that US law enforcement would prefer to keep him within their control for leads to any future investigations.

In theory, extraditing Headley is possible but in practical terms the prospects of him standing trial in India do not appear promising. Over the next few days, India and the US are going to have to find common ground on this.

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