Headley extradition to India could still happen: US official

25 Jan 2013

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In a piece of public speculation unusual among US government officials, a federal attorney said today there is still a possibility of Pakistani-American Lashkar-e-Toiba terrorist David Headley being extradited to India, if the November 2008 Mumbai terror attacks convict violates any part of his plea bargain agreement.

Acting US attorney Gary S Shapiro told reporters that for an extradition to happen, Headley would have to violate his guilty plea by not cooperating with the US government or any foreign government in future investigations or not being truthful.

In that case, his guilty plea, under which he can't by extradited, would be null and void. Thereafter Headley could be subject to the extradition treaty between India and the United States, he said.

"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," he said.

"Under the plea agreement, he cannot be extradited to India for the crimes he has been convicted of 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.

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