‘Headley deserves harsher punishment, but his sentencing is a good beginning’
Denied extradition of Pakistani-American David Headley, India seems to be hoping to get his accomplice Tahawwur Rana to stand trial in the country for his alleged involvement in the 2008 Mumbai attacks.
“There is a little difference between the two cases [Headley and Rana], because in this case he had given up his right of appeal; in the other case, the right of appeal has not been given up. So we continue to watch these cases very closely, and such legal intervention as we can make at any time, we will continue to do so,” External Affairs Minister Salman Khurshid said here on Friday.
The fact that an American court had recognised the role of an accused in perpetrating the crime in India was “at least a good beginning.” India would have preferred a severer sentence [the death penalty]. “But at least a beginning has been made. We will continue our efforts to ensure that all such people are extradited… to India for trial.”
Had the trial been held in India, the punishment would have been harsher. “We are disappointed with the quantum of punishment meted out to him. We also know that their judge made it very clear that his punishment is based on Headley’s right to make a plea for lighter punishment and a plea against extradition as per the provisions in their legal system. But we will continue to make efforts to fulfil our aspirations.”
On the other hand, the U.S. Embassy here justified the Justice Department’s stand against a severer punishment to Headley. “This decision was taken because of Headley’s willingness to cooperate with law enforcement authorities — American, Indian and others — to help bring the perpetrators to justice and prevent other terrorist attacks,” it said in a statement.
The statement listed five reasons: he testified against Rana, now serving a 14-year sentence in a federal prison; provided extensive details of accused terrorist leader Ilyas Kashmiri, and his network; answered questions from the Indian law enforcement authorities; assisted U.S. investigators in bringing criminal charges against five other terrorists; and provided U.S. law enforcement officers with extensive details of the structure, personnel, methods, abilities and plans of terror outfit Lashkar-e-Taiba.
Keywords: Headley sentencing, 2008 Mumbai terror attacks, 26/11, Lashkar-e-Taiba, Headley extradition
Afzal Guru is waiting indefinitely to be executed. But he will be spared because of the Jammu & Kashmir government led by Omar Abdulla is not in favour of his execution. In Tamil Nadu, the killers of Rajiv Gandhi are still alive, thanks to an unanimous resolution passed by the state assembly. Not only Rajiv Gandhi died, but also 16 others. To talk of "severe" punishment to David Headley smacks of utter hypocrisy.
US never going to extradite David to India.
If he was in India, he would have enjoyed in Z cat security and eating biryanis for rest of his life....
What nonsense? Rana has been acquitted of Mumbai carnage. US will never extradite him. Salman Khurshid is what Americans call "blowing smoke" to look like GoI is doing something.
What has GoI has done so far in the case? ONE person - unlucky enough to get caught red-handed was convicted.
We have no damn right to criticise the 35 years sentence to Headley ,
when blood curling criminals get out of our jail in less than 10 years
and a case of such proportion takes a terribly long time to conclude in
courts.
I cannot understand our ministers. Our government's record of executing severe cases of death sentencees is well known. David Headly has been sentenced to 35 years of imprisonment. That too in a country where releasing prisoners on the occasions of political Bigwig's birthdays is never practiced. We are not capable of getting him any harsher punishment. Let us not bring an already convicted criminal who is undergoing imprisonment in US and unnecesarily feed him for life.
Very disappointed to see the jingoism in the comments. People baying for the blood of criminals, however, heinous the crimes may be, is not the hallmark of a maturing democracy. It is apparent that the Hindu's many editorials criticising the death penalty have fallen on deaf ears.
Does the Government want to do the same as they did with Ajmal Kasab. Spending crores of money and getting publicity . Atleast if headley is in US, its sure that he will have to spend 35 years in jail but in India its really doubtful.
No need.It would be Kasabs trial all over again.If anything We should
be thankful to American Judiciary system for their swift action.There
are more pressing issues than wasting resources on his extradition,hope
both Congress and BJP stop with this tirade
had this have happened, david headley would have to spend the rest of
his life in india as government's guest, as afzal guru.
These days it appears that the "think tanks" from congress do not mind speaking anything no matter how ridiculous that sounds.
Yes , Headley would have got some sentence after keeping him as our national guest for 5 years or so as we saw in other cases also.
So Please Mr. khursheed instead of giving such comments why don't you work on speeding up the complete judicial process.
Playing games at every single opportunity. This is the philosophy of
congress to retain power. How long you fool the citizens of India? Home
minister, external affairs minister, everyone makes careless and
thoughtless comments just to show your immaturity.
What difference does it make. If he is extradited and brought to India, the trial will go on for another 5 years, and then he will be awarded death sentence; then he will file a mercy petition to the President that will remain idle for years and years. So, either it is 35 years in prison in the USA or 35 years in prison in India.
Mr. Minister, Please check for yourself how many terrorists have got their death sentence really executed.
I dont get what Mr.Kurshid is trying to convey here,still Afzal guru's mercy petition is in consideration with President and he is eating and sleeping in jail like other convicts,when India is not able to provide judgement in its own parliment attack case, how can it comment about US decision??
Yes, Mr. Khurshid is very disappointed. Had Mr. Headly be tried in India Mr. Khurshid could have saved him from any kind of punishment and he would have a national guest (like Mr. Kasab).
Isn't it too late to ask for Extradition? The moment he was captured, our legal experts should have found a way to have the trial done in India. I think now its doubly difficult now. I wish the government does not repeat the same, if ever other criminals are caught overseas.
"Asserting the India’s demand that Headley should be tried in India, Mr. Khurshid said he would have possibly got a “serious and severe” sentence in this country."
JOKE OF THE DAY!!!
It sounds really foolish that you are not able to deliver justice make decisions and maintain law and order and now expecting that any other country will take action as per your wish. Had headley been extradited to india you would not be able to complete the whole trial in less than 5 years and even after that if sentenced to death it would have taken another 5 years to take the decision by president to uphold his death penalty. Of course you will give this the name of judicial process and get away.
There is not one fellow commentator with whom I cannot concur. All of the questions posed to Mr. Khurshid by them are apt. It feels good to know that we are all marching towards a true democracy by questioning the decisions/opinion of our leaders. Had Headley been in India, and even if he receives capital punishment, it would be like just another case asking for clemency and waiting indefinitely, albeit comfortably, in Indian jails. What could have been better in this case is the US govt. awarding death sentence to Headly regardless of his plea deal.
Justice Harry Leinenweber had shown only rhetoric skills denouncing
the past of David Coleman Headley but preferred to save him from
death penalty in return for his cooperation ( what it means, how it
impede his terror activities?)! Total disgrace to the much propagated
“American War against Terrorism”! U.S government had a deal with
Headley wherein he shared information on other suspects and their
terror roles or other metaphors which enabled prosecutors to book
charges against Tahawwur Rana, Ilyas Kashmiri and many other
operatives based in Pakistan. U.S must have identified significant
value to Headley’s confessions and cooperation but there is no chance
that it had been transparently discussed or shared with the India’s
Investigating officials despite visiting U.S to interrogate the
accused terrorists. Is it not an incongruity that the judge himself
remarked-‘He commits crime, cooperates and then gets rewarded for the
cooperation’?
Look at ourselves and introspect
In india he would have got 2 years jail with good food and good TV including bed room in jail.
how can indian government question the severity of punishment given by US.millions of criminals are still free and above that those who have been caught have not been punished yet.they have made the whole country a country of shame .....
Getting tried in India would have had Mr. Headley very relieved.
Statement from Kasab that he was not scared of capital punishment since
Afzal Guru is not yet hanged display the soft state image India has
carefully cultivated.
Dear Mr. Khurshid,
What severe punishment do you want? The one given to Afzal Guru and put
on hold indefinitely. Atleast judgement was passed promptly.
So much for a trial in India - I wonder what could have happened here. Assuming he got the worst - death penalty - he would have filed for clemency like the many others and waited for the President to reply for the rest of his life. Like several of his friends do today in the Indian jails.
Disappointed over 35 year jail term ? He should have been given "Severest Sentence". Well said Mr Khurshid, Do you think your brothers in India will deliver a punishment more severe than this one. Certainly "No". And in India it will drag for decades. The prime accused has met with just punishment even if it is at the hands of another country. Let us concentrate on other important diplomatic matters.
It must not be "slightly disturbing" but utterly disturbing and not acceptable for us. He must be given death sentence. He was a mastermind where as Kasab was just a tool. Else, it shall send wrong message to Pakistan and their terror machines. One thing Indians need to learn from Pakistanis, is DIPLOMACY. They were behind 9/11 and yet they en cashed it most. They were protecting OSAMA, yet they are still allies of US in its terror fight. They behead our soldiers and silence us soon.
What do you mean by slightly disappointed? It should have been highly/utterly disappointed. Looks like you are giving lip service.
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