There is a possibility of David Headley's extradition to India, says US attorney

Pakistani-American LeT terrorist David Headley, sentenced to 35 years in jail by a US court for helping plot the 2008 Mumbai attack, could still be extradited to India in a rare case if he violates his plea deal under which he escaped the noose, an American attorney has hinted.

For this slim possibility of his extradition, Headley, 52, would have to violate his plea agreement by not

cooperating with US government or any foreign government in future investigations and not being truthful, Acting US Attorney Gary S Shapiro told reporters.

In that case, his guilty plea, under which he cannot by extradited, would be null and void. Thereafter Headley could be subject to the extradition treaty between India and the United States, Shapiro said outside the US District Court here minutes after Headley was sentenced to 35 years in jail.

In a pre-sentencing memorandum, the US government had notified the Chicago court of the plea agreement it had with Headley, under which they would neither seek death penalty nor extradite him to India, Pakistan or Denmark.

India has said it will continue to pursue with its demand for Headley's extradition for his role in 26/11 attacks that killed 166 people, including six Americans.

"The plea agreement says that if he fails to cooperate or his cooperation is less than complete and truthful, the entire plea agreement can be voided," Shapiro said last night.

"Under the plea agreement, he cannot be extradited to India for the crimes he has been convicted here. But, if the plea agreement were voided then our agreement as to extradition is voided as well," he said. Shapiro said that under the plea agreement, Headley is required not only to cooperate with the US, but also with foreign governments as well.

"He is required to cooperate with whomever we tell him to cooperate... If he fails to do that, or does it less than completely and honestly, we have the option to void his plea agreement.

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