It happened the instant I took my seat in the large, well-lit courtroom of District Judge Harry Leinenweber. Until that point I had been too busy with logistics, dealing with Chicago’s icy flurries and simply focused on ensuring that I got a chance to witness the remarkable proceedings that were about to unfold before me.
But the moment I finally sat down in that room and a tall, well-built man in grey track pants and sweatshirt walked in, I was left with little doubt about how momentous the next 90 minutes were going to be. Standing ramrod straight with legs slightly apart and hands behind his back, military-style, was none other than Daood Gilani, aka David Coleman Headley.
In 90 minutes from that point, he would be handed a sentence of 35 years, as recommended by the U.S. Department of Justice. In 90 minutes from that point, the broken families and friends of 166 victims of his terror in Mumbai would have to find some way to cope with that reality. But beyond those 90 minutes, would India be able to come to terms with a sentence most Indians regard as lenient?
One thing is for sure — the intensity of emotion surrounding this case from its early days has been unprecedented. Ever since the web of deceit Headley wove masterfully around multiple agencies across the world came unravelled, difficult questions were raised about why the U.S. permitted Headley to travel to India even after his family and associates warned authorities about his terror links.
Indian law enforcement also found itself in a frustrating morass of dead ends over fervent appeals to have Headley extradited under existing treaties New Delhi has with Washington. Although India’s National Investigative Agency was permitted seven days’ access to the terror mastermind in early June 2010, the plea bargain that the U.S. Department of Justice struck with Headley precluded any prospect of continuing his interrogation on Indian soil.
Kicking off the proceedings, U.S. Attorneys Daniel Collins and Sarah Streicker argued that they concurred that a crime that had various been called “despicable,” “shocking,” “deplorable,” and so forth required a punishment of appropriate magnitude.
Yet under what is known as Guideline 5K1.1 of the Federal Sentencing Guidelines Manual, the prosecution noted that the court may allow “downward departure” from guidelines that require, for example, life imprisonment, when the defendant has “provided substantial assistance in the investigation or prosecution of another person who has committed an offence.” Thus it was that both the U.S. Attorneys argued for 35 years.
A footnote that appeared to escape the notice of many was the U.S. Department of Justice’s press release on the sentence, according to which “Defendants must serve at least 85 per cent of their sentence.” Lead prosecutor Gary Shapiro also said in a post-sentencing media briefing that Headley, now 52 years of age, may be in his 70s when released, suggesting that he might escape with even less time in jail than 35 years.
But Headley’s defence lawyers took it one step further. They argued that given that Headley was 52 years of age and a 35-year sentence would in effect be a life sentence, a lower sentence would send the correct signal to future defendants in terror cases who were considering whether to cooperate with law enforcement rather than plead not guilty and go to trial.
Judge Leinenweber wasted little time in pushing past the defence’s arguments, noting that Headley continued to pose a danger to society as evidenced by his view, shared with his Lashkar-i-Taiba comrade Sajid Mir, that “all Danes” were responsible for the offending cartoons in Danish magazine Jyllands-Posten and hence were legitimate targets. Reflecting on the parallel in the Mumbai attacks, Headley had said that “all Indians” were responsible for the death of Pakistanis in Kashmir.
However when the judge suggested that the “downward departure” that was being requested for Headley would not keep society at large safe from any future actions of the man, Headley’s defence lawyers Robert Seeder and John Thomas argued that this was still too harsh, from the point of view of co-defendant Tahawwur Rana receiving 14 years in prison despite not entering into a plea bargain with the U.S. government as Headley did.
Defence arguments also sought mitigation based on the purported remorse that Headley felt after the incident, the interest he had expressed in “American values and the American way of life,” and the fact that he confessed to his role in the Mumbai attacks even before authorities realised that the man they had arrested in 2009 in connection to the Danish plot was also behind the Indian tragedy.
Their arguments were met with what appeared to be scepticism by the judge, who reminded the defence that Headley expressed profound remorse after being arrested for heroin possession in 1988 and then again for a similar crime 11 years later. His request for clemency in a letter petitioning Judge Leinenweber was not being taken seriously, it was obvious.
Then came the most poignant moment of the entire proceeding when Linda Ragsdale, a survivor of the attack on the Oberoi hotel in Mumbai described the cold horror of being shot in the back, even as her friends lay bleeding around her, after being hit with “a barrage of bullets so intense that waves of heat clouded” her vision.
The bullet that hit her missed her heart by a quarter of an inch but travelled all the way through her body and exited at the top of her thigh, she said, describing the sheer heroism of the cooks in the restaurant who braved the bullets to drag her out through a backdoor.
Speaking of the killing of 13-year-old Naomi and her father Alan by her side, Ms. Ragsdale said, “I know what a bullet could do to every part of the human body... I know the sound of life leaving a 13-year-old child. These are things I never needed to know, never needed to experience.” Headley did not flinch throughout the entire reading of multiple victim accounts from a tearful Ms. Ragsdale.
Hearing the victim accounts, however, what came to my mind were the faces of the many hundreds of our own that would never been seen here in Chicago, the voices that would never be heard in this courtroom, the lives forever ripped apart by what can only be described as a calculated brutality.
In the face of the continued suffering of victim families in India, pressure is building on the Government of India to not passively accept the outcome of the Headley case that has been thrust upon it.
Although the U.S. government’s plea bargain with Headley has effectively slammed the door shut on New Delhi’s face, there may be legal and diplomatic means to gradually re-open that door. Mr. Shapiro said after the sentencing that the plea bargain would be voided if Headley was considered to be not fully cooperating — a potential loophole to exploit to put the extradition option back on the table.
Also questions about undisclosed reasons why the U.S. has sought to so indefatigably protect its adopted citizen from facing a more honest justice in India are likely to be asked again. After all, Headley’s intimate embroilment as an informant to the U.S. Drug Enforcement Agency must have left him with powerful influence within the machinery of the administration.
Seriously ..you still hail a 35 year punishment as a betrayal;presumably
india itself wouldn't have been able to do any justice to the victims of
26/11 had US not intervened and then ages would have passed again for
his trial
In the US jurisprudence, it is not an unusual practice for the
Prosecution to bargain with defendants for more information from them on
their criminal networks and activities in exchange for reduced sentences
on them. India can not do anything on this matter and therefore getting
crestfallen or going head over heals on the sentence handed out to
Headley in the US Court would be of no use.
A very good article indeed. I'm saddened to read the comments by my
fellow Indians. We are so obsessed that anything done by USA is
correct & everything done by our government is wrong. Even in this
case we are congratulating US. In US almost 95% of the cases are dealt
with plea deals. People are saying that USA has abolished death
penalty. They are wrong, last year 43 persons were executed in USA.
When would we stop worshiping the west? I guess we Indians are the
only species on this planet, who have this self-loathing mentality.
In this case, nothing is going to happen now. US is never going to
extradite David Headley to India. He was a double agent & if they do
that, some skeletons would come out of their closet also.
35 years in prison is not a lenient punishment. It is as good as life
imprisonment in India. Lifers in India generally get released after 7
years and in any case become eligible for release after 14 years. So the
point is what is the remission system in USA. 35 years in prison means
full 35 years or half of it or still less? Obviously without direct
evidence even Indian Courts would not sentence him to death, and in many
states in US death penalty is abolished as also in UK and almost the
entire European Community.
I salute the U.S.A. for meting out at least 'some' punishment to one of the villians of 26/11. Thanks a lot.
Visualising the contents of this article gives one the feeling of having seen visually the proceedings in the court room. Congrats Laksman, you have given us an opportunity what we had never imagined, the kin of those killed by the brains of the defendant partial solace with the other hal coming in the form of the verdict, even if it be lenient according to some quarters. India does not have to gulp this with a pinch of salt but can regard it sufficiently strong and stern as In India, it would be douby difficult to hand over judgmnt.
In a way we should be happy that something is better than nothing.Probably as somebody has commented our government ,to play vote bank politics will allow him to escape to pakistan.in the name of secular governance I fear we are allowing too much freedom to disrupt public life and threaten anybody they like.
it is high time we look at things from national security angle and not whether any action will create unlawful resistance and drive away votes to the ruling party.People irrespctive of political affiliations should sideline such politicians in national interest
Once again, without thinking the drawbacks in our own country and
system, we criticise others. In the issues such as Corruption, illegal
Indian money in other countries, terrorism, atrocities against children,
women, biased, corrupt administration, vote bank policies and so on,
what we have done except lip service at that particular moment and
sermons. If we are serious about these things action only is required -
not talk.India's contribution in this case is merely asking for
extradition, that is all.
It won't be possible for India to lay hands on Headley but how does one justify such a lenient sentence given to him. US may not value 160 odd Indian lives but 6 American lives also were lost in that attack. How does a terrorist manage to gain such huge influence among American authorities.
India is a thoroughly corrupt society and all decisions are filtered through its vote bank politics. The Congress Government in India would probably have not even pursued the case properly and if it did, Headley most likely would have got a 5 to 10 years sentence. Thank God this criminal was tried in the US courts.
Will the Editors consider whether it is WORTH thinking on a DIFFERENT angle.
Coleman Headly or whatever be his real name met with a fate he was destined.We forget that it was INDIAN authorities who ALLOWED him to survey ALL areas which are SENSITIVE for security of the people.Not ONCE several Times.What SHARING of information India has
achieved with the U.S.How much similar informations are held back from india.a system which cannot plug the loop holes in stopiing the influx of pakisthan made counterfeit currencies to india-where indian nationals are helping the enemy to destabilise the country
a nation which cannot protect the security on its own have no right
to blame others.it is worth considering whether india on ints own
would have arrested this monster.
please take up the fake currency influs through your media.you have
a responsibility equal to that of the soldier in the field-as the
fourth estate
Even Headley's existence as a spy for the terrorists was unknown to
Indian authorities. All the evidence against him was gathered by the
FBI. It is ridiculous, leave alone unpractical for the Indian
authorities to claim to prosecute him.
Its deplorable that mastermind of the attack that killed 170 innocents is let off so easily. A country of 1.2billion people stands powerless and cant do much expect sitting on the sidelines and ask questions which no one bothers to anwser.
Mr. Lakshman, First, thanks for on-the-spot reporting, it makes a huge difference from 'borrowed' reporting.Like many,I also feel that the culprit received a lenient sentence. However,considering the history of criminal sentencing in Indian courts, by Govt. prosecution,I would not agree that the culprit would have got a harsher sentencing had he been tried in India.After all,Indian people (and the world) are still paying the price for releasing most merciless and unforgivable criminals during 1999 hijacking episode.With all due respect to the people on board that day,if the Govt had not irrationally surrendered to the demands of terrorirsts,we would have saved more people than the number of people on board that day. Mind you that these criminals were langushing in Indian jails with no trial or sentencing whatsoever.It is urgently desired Indian Govt make a non-negotiable policy in the matters involving terrorism so that no matter who is ruling,we don't negotiate with terrorists, never.
Capital punishment is given to a murderer only to frighten citizens out of any urge to
commit such a crime in future and it definitely is not based on any life for a life
principle or any need to satisfy any feeling of revenge if any in the minds of the
victims' relatives and friends or any other citizens.It ought to be so in a civilized
world.
I understand the verdict is hard to swallow for the victims' families and the Indian people in general. I think any verdict short of death sentence would not suit India. However US govt made a deal with Headley whereby he provided details of his association with LeT, his handlers and his 'friend' Rana in Chicago which allowed his capture and prosecution. Without some kind of a deal Headley didn't have an incentive to talk and valuable intelligence that might be (or already have been) useful in future.
Despicable..May be David Coleman Headley is something other than he is potrayed by US.Indians and India are taken for a ride.The american adulators here will enact another drama to bring him to India on extradition.Justice is not different,whether it is in India or US if the accused is well placed.Our PM may say "Theek Hai".
A more rigorous investigative reporting in order. It shouldnt be very difficult to prove whether the plea bargain offered to Headley-Gilani was unusual - note that six US citizens were killed in the Mumbai blasts (& of course a whole lot more Indians)? What exactly has changed on the ground with the information he gave? Were there grounds for convicting Tawahhur Rana independent of Headley's evidence? Even if not, why is Tawahur Rana's crime any more serious than what Headley did, that Headley deserves to be given a plea bargain. US citizens have been killed in drone strikes without judicial process (eg. Anwar Awlaki). So, what is the big deal about giving Headley to India? These questions are obvious, hope the reporter can dig into the answers and not just ask the questions.
So I ask once again, how long will india put up with the mock trial and charade that
Pakistan is putting on display regarding punishing the LeT leaders, the Pakistan and
ISI army officers, who were the real master minds of the 26/11 attack ? May be India
has no options but to pretend as if Pakistan is serious about punishing the 26/11
attackers. However I would advise india muster enough courage to speak the truth
about who the real masterminds of 26/11 attack were , that is Pakistan army, ISI and
the state itself.
A very emotional and well written piece by Mr.Lakshman.However,to be more exact,the main culprits who really plotted the whole massacre were the ISI and its Honchos very ably supported by Hafez
Saeed who are not only given full security and protection by a Government which doesn't appear to be amenable to even consider their roles in the episode.And we are absolutely powerless to bring to bear any pressure or influence to make that government surrender the culprits.Therefore to expect the US to extradite him would be well nigh impossible given the sentiment being openly expressed by the people who want to hang Headley which means even our courts are expected to have prejudged the accused.
Thanks for the eye witness account at the court room. Though the sentence does not vindicate the crime, US justice system seems timely and very fair compare to the Indian justice system. On US govt. part they played very well as well (basically, 35 years for spying). Suggestion that US did not go further does not hold water when our Indian govt. is and has been very week and not confronting pakistan/jihadis head on or surgically and people did not get justice even for 1993 Bombay bombing even after 20 years. Where is any accountability for any covert machanism we have.
Better he is incarcerated in the US and the government there pays for
his upkeep. India has already spent enough on Kasab..Spare the Indian
tax payer, please..don't ask for extradition to India.
The author talks of "betrayal" by the U.S justice system.
How good is ours? With millions of cases pending for decades in Indian
courts is justice ever done? Whatever happened to the $40 billion loss
case and numerous other cases of corruption in high places? Are we any
better? At least, the justice meted out in the U.S does not depend on
the next elections.
What has GoI done to provide relief to victims. GoI investigation agencies like NIA and CBI are a complete joke. They are only used to neddle BJP politically with ridiculous and politically tinged allegations with no fear of how those allegations will affect India and Indians.
NIA have no convictions in court of law regarding terrorism cases. Instead of feeling bad about Headley why don't you question GoI about what they have done.
What has GoI done to ensure justice to victims themselves? One terrorist caught red-handed was convicted. What about others?
“U.S. has sought to so indefatigably protect its adopted citizen from
facing a more honest justice in India”. Honest justice in India?
Either you’re a very naïve or kidding, at least not after getting the
taste of Indian justice. I suggest reading article by Pro.
P.V.Indiresan titled “Justice, at slow speed” a thoughtful exposé of
pathetic Indian justice delivery system appearing in latest issue of
The Hindu Business Lines where he correctly observes that “The Indian
judicial system can wear you down by its slow and grinding process, and
that is a danger bigger than the contempt power. I think that the
Court’s ability to make a person travel any number of times is a real
threat.” Let us be satisfied with the sentence by the US court,
tantamount to terrorist stay behind bars rest of his useful life to
introspect on his dastardly act in the company of the dregs of the
society.
Even though he deserved a death sentence, the fact that he got 35 years
at an age of 52 pretty much means he has been given a life sentence.
I am happy to see that he would be rotting in jail for the rest of his
meaningful life. In fact there is a high probability that he would die
his natural death before completing the term.
If India is genuinely concerned about the pain the families of the victims of terrorism go through then the security apparatus of this country would have seen tremendous changes ever since the series of the terrorist attacks began after independence. Evidently that was not the case. If the information media reported was to believed then India does not have any proof to prove David Headley's involvement in 26/11 massacre other than what was provided by the US. His involvemet was brought out by the US and he was subsequently arrested by the US authorities. For starters India can demonstrate its sincerity by taking the beheading of the two indian soldiers along the LOC more seriously and not letting their deaths go in vain. The questions staring india in the face are 1) Who killed the two jawans 2) What has the govt done about it. If such callous attitude of the govt continues then undoubtedly no youngster will ever think of joining the Indian Army in the future.
I concede that people may feel betrayed. However I feel this way. 35 years in jail is perhaps more fitting than a capital punishment. For 35 years this diabolic criminal should undergo harsh confinement instead of getting an immediate eternal repose. Even if he were convicted with capital punishment there would be years if not decades of legal wrangling and if by chance he were just given an imprisonment I am afraid that the criminal might become another Shobha Raj (Serpentine killer) going in and out of the jail at his will by bribing Indian officials with all the money received from his comrades and ISI. At least in USA the sentence will be enforced unless he were to be a Mafia leader . With due respects to the victims' families and my fellow Indians this is unfortunately a no-win situation. While we wish that justice be done to the full extent we should be content that something is better than nothing and in fact nothing is better than nonsense.
good to see some real investigative journalism. Nice read.
It is better that is he incarcerated in US prison. There is no guarantee
that he will be convicted in India and even if so, he will get out in 13
years. That is what the convicts of Coimbatore blasts got and most of
them are free now. No rational thinking Indian would want him extradited
to India unless you are one of those who blame US for everything.
Man whether civilized or not is so mean when he feels proud of his civilization, nation, culture, and his positiion. The 'cruely' hidden behind such a lineant verdict on Headley is worse and more inhumane than that of the Mumbai horror drama staged at te cost of 166 souls during the Mumbai horror drama. After all why a US Judge should worry about 166 Indian souls. The US government doesn't have a history of worrying about millions of foreigners' lives in Hiroshima, Nagasaki, Vietnam, Afghanistan, Palestine, and Iraq. Why 'Death Sentence' so much repulsive to our civilized brothers!
Mr Lakshman, To be frank there is no betrayal as you have titled the article, US guys did what they think the should, if it was us, we couldnt even touched the shadow of Headly, even we did, he would have great privilege of taking hostage in Indian prison, remember he is both christian and muslim, he would have got minority rights twice and our secularism protectors would have had great time in practicing their voice, let us be brave to agree that we are by ourself incompetent, we couldnt even do anything about the culprits that we have in our hands, then what is the point in crying over what is happening otherside the earth, why were we sleeping when he was roaming in India? that too with a celebrity son(son of mahesh bhatt)? if we digin we get too many questions, which is not encouraged in a democracy like India, all that we can do is to make movies based on these stories and writing books to win prizes and boasting off in television, let us do that only and not cross our limits.
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