Wednesday October 18, 2017
Home Uncategorized India’s...

India’s baffling conditional pardon and deal with David Coleman Headley

0
64

Chicago: Considering that any intelligence that David Coleman Headley might supply India will necessarily be exponentially dated, it is hard to make sense of a special court in Mumbai granting a conditional pardon to the key Mumbai terror plotter and even making him a witness for the prosecution.

For Headley’s part though he has once again pulled off a crafty deal to save himself more trouble by agreeing to turn approver for India reportedly in return for disclosing the role played by his handlers from the Pakistani military and intelligence services. However, on the face of it one cannot say what specifically India stands to gain by granting him such extraordinary accommodation.

The only plausible explanation behind the Mumbai court’s decision is that the Indian prosecutors are trying to make the best of a bad situation where Headley is a tightly controlled subject by the US authorities access to whom is very limited. Given his history with the US authorities as an informant and rather complicated entanglement with the terrorist group Lashkar-e-Taiba as well as elements of Pakistani intelligence were some reluctance on the US side to expose him to Indian investigators.

While his plea deal with the US prosecutors requires him to cooperate with India and other foreign agencies to the fullest possible extent, it is a matter of speculation how much he is really permitted to reveal. Anything that he might have to say about his relationship with Pakistani intelligence or any other official agency is now a good seven to nine years old. He was arrested in October, 2009 from Chicago’s O’Hare International Airport just as he was about to leave the country. Effectively, he was out of any direct touch with any of his Pakistani contacts since his arrest.

He is known to have shared all the intelligence and information that he possessed about the November 26, 2008 Mumbai attacks with the US investigators. He was also extensively interrogated by Indian investigators in June, 2010 during which the US Department of Justice had maintained that “There were no restrictions on the questions posed by Indian investigators”. That being the case, coupled with the datedness of his information, the Indian conditional pardon is intriguing.

His 2010 plea deal was incumbent upon the quality of information that he would provide to the US authorities. At the time the prosecutors here had said that Headley “has provided substantial assistance to the criminal investigation, and also has provided information of significant intelligence value”.

Subsequently, even at the time of his sentencing in January, 2013, both the prosecution and defense repeatedly and greatly emphasized the extent and quality of his cooperation. His attorney John Theis, in requesting for a lighter sentence, had said the information that Headley provided was “so profound that it calls for extraordinary downward departure.”

He also said because of the information provided by Headley barely 30 minutes after his arrest, lives were saved not just in India and the United States but elsewhere in the world.

For its part even the defense described Headley’s case as “uniquely aggravating” and “uniquely mitigating” and frequently pointed out his unprecedented cooperation. It was perhaps for the first time in a major case of global terrorism that one of the key players chose to cooperate without any coercion and so immediately after his arrest.

Against this backdrop, Headley, who is already serving a 35-year-long sentence, has nothing to lose by turning approver on India’s behalf because the quality of what he has to offer is already fairly diminished because of his past cooperation. Unless there has been some behind-the-scenes deal-making between the Indian and American investigators over some still crucial bits of information that Headley will reveal, there does not seem to be anything significant to be gained by extending him such remarkable accommodation yet again.

One instance of Headley’s usefulness was illustrated with him pointing the authorities to the whereabouts of Ilyas Kashmiri, the Al Qaeda/Harkat ul Jihad al Islami leader, who was killed June 3, 2011, during a drone strike on an orchard in South Waziristan. Then regarded as one of the fiercest commanders, Kashmiri was one of the seven people to have been charged them with involvement in both the Mumbai case as well as the abortive attack on the Danish newspaper Jyllands-Posten which published cartoons of the Prophet Mohammed offensive to Muslims in September, 2005.

Headley had even proposed to the investigators that they should send him back to Pakistan with an ornate sword embedded with a locator chip which he could gift Kashmiri. The US then could use the signal from the chip to locate and target him.

The government’s position paper on his sentencing, while referring to his extraordinary cooperation, said, “Headley similarly provided extensive detail about Ilyas Kashmiri and his network.” When asked to elaborate on the kind of information that Headley provided about Kashmiri, the prosecutors had said it was classified and they could not share it.

It had baffled many then why a man once so deeply immersed in an extreme version of Islam known as Salafism could change so radically as to seriously undermine its other adherents by exposing them. One plausible explanation could be what even Judge Harry Leinenweber zeroed in on. He had pointed out how Headley had a history of being arrested and then finding his way out of it by cooperating with the authorities. He was referring to Headley’s two arrests in the past in connection with narcotics smuggling and how he managed to come out of prison on fairly positive terms in exchange for cooperation.

His plea deal to escape the death penalty and extradition to India was yet another deal that he struck. Now with the Indian deal, Headley has yet again excelled at finding a way out of a potentially terrible situation.

(By Mayank Chhaya, IANS)

Next Story

India Demands Data on UN Staff Misconduct, Use of Immunity

0
4
United nations
India has demanded the secretariat disclose information about misconduct by UN staff. Flickr

United Nations, Oct 7: In an attempt to break the wall of silence around the crimes and UN staff misconduct and those on its assignments, India has demanded the secretariat disclose information about such cases and the immunity invoked against prosecutions.

Yedla Umasankar, the legal advisor in India’s UN Mission, touched a raw nerve here by criticising the UN on Friday for not vigorously following up allegations of serious wrongdoing by its employees who enjoy the equivalent of diplomatic immunity, a prized possession of its staff.

“It appears that the UN system itself may be reluctant to waive immunity even for serious misconduct carried out by its personnel while serving on its missions, so that such cases can be prosecuted by the host governments,” he told the General Assembly’s committee on legal affairs.

“Even a few of such instances or allegations of crimes committed by UN personnel is highly damaging for the image and credibility of the United Nations system and its work around the world,” he added.

His statement also touched on the practice of some countries that protect their wrongdoers at the UN.

Umasankar demanded that secretariat disclose how many cases of serious misconduct by UN personnel were registered and the number of cases where the UN refused to waive immunity to allow their prosecution.

He also wanted to know in how many cases the host country wanted the immunity waived so it can prosecute those accused; the number of times the UN asked the host country or the country that sent them to prosecute them; how many times it consulted countries before waiver of the immunity of their personnel and how many of them refused UN’s request to waive their citizens’ immunity.

The information he wanted does not cover the diplomats sent by member countries to represent them at UN bodies and enjoy diplomatic immunity with the nations hosting the UN facilities.

After scores of serious allegations of sexual misconduct by peacekeepers, especially exploitation of children, the UN vowed to uphold a policy of zero tolerance and began publishing data on such cases in peacekeeping operations including how they were dealt with.

Starting with the year 2015, it began identifying the nationalities of those accused.

However, it has not made public a roster detailing all the allegations and proven cases of serious misconduct across the entire UN.

While the focus has been on sexual exploitation and abuse reported on peacekeeping operations, Umasankar said that “at a broader level, the issue of accountability has remained elusive in some cases”.

He attributed it to “the complexities of legal aspects relating to sovereignty and jurisdiction”, the immunity or privileges that may be necessary for UN operations, and the capability or willingness of countries to investigate and prosecute the accused.

He noted that the UN itself cannot make criminal prosecutions.

While Indian laws has provisions for dealing with crimes committed abroad by its citizens, not all countries have them, he said.

Those countries should be encouraged and helped to implement such measures, he added. (IANS)

Next Story

Indo-Pak Peace Talks Futile Unless Islamabad Sheds Links with Terrorism, says Study

A Study by a U.S. think tank calls India and Pakistan talks futile, until Pakistan changes its approach.

0
52
India and Pakistan
India and Pakistan. Wikimedia.

A Top United States of America (U.S.) think tank, Carnegie Endowment for International Peace called the relations between India and Pakistan futile, unless Islamabad changes its approach and sheds its links with Jihadi terrorism.

A report “Are India and Pakistan Peace Talks Worth a Damn”, authored by Ashley J Tellis stated that such a move supported by foreign countries would be counterproductive and misguided.

The report suggests that International community’s call for the India and Pakistan talks don’t recognize that the tension between the two countries is not actually due to the sharp differences between them, but due to the long rooted ideological, territorial and power-political hatred. The report states that these antagonisms are fueled by Pakistani army’s desire to subvert India’s powerful global position.

Tellis writes that Pakistan’s hatred is driven by its aim to be considered and treated equal to India, despite the vast differences in their achievements and capabilities.

Also ReadMilitant Groups in Pakistan Emerge as Political Parties : Can Violent Extremism and Politics Co-exist? 

New Delhi, however, has kept their stance clear and mentioned that India and Pakistan talks cannot be conducted, until, the latter stops supporting terrorism, and the people conducting destructive activities in India.

The report further suggests that Pakistan sees India as a genuine threat and continuously uses Jihadi terrorism as a source to weaken India. The report extends its support to India’s position and asks other international powers, including the U.S., to extend their support to New Delhi.

Earlier in September, Union External Affairs Minister Sushma Swaraj in the United Nations General Assembly (UNGA) slammed Pakistan for its continuous terror activities. She attacked the country by saying that India has produced engineers, doctors, and scholars; Pakistan has produced terrorists.

Sushma Swaraj further said that when India is being recognised in the world for its IT and achievements in the space, Pakistan is producing Terrorist Organisations like Lashkar-e-Taiba. She said that Pakistan is the world’s greatest exporter of havoc, death and inhumanity.

-by Megha Acharya  of NewsGram. Megha can be reached at @ImMeghaacharya. 

Next Story

Delhi University Students Win the Enactus World Cup 2017

India wins the Enactus World Cup 2017

0
28
Delhi University
India wins Enactus World Cup 2017. Twitter.

New Delhi, Sep 30: After an extremely tough competition between different students across the world in the Enactus World Cup 2017, Team India, represented by Shaheed Sukhdev College of Business Studies (SSCBS), Delhi University emerged as the winner. The winning projects were project UDAAN and Mission RAAHAT.

Supporting the Government of India’s Digital India and Swachh Bharat Abhiyan mission, RAAHAT strives to effectively eliminate open defecation and provide safe sanitation in the urban slums; whereas, UDAAN aims at narrowing the digital divide between rural and urban India by setting up computer centres.

The Delhi University college team was led by the college’s faculty advisor, Anuja Mathur and student president of SSCBS Student President Aditya Sharma. The winning projects included 34 more members. The Enactus India and Enactus SSCBS were presented the Ford Better World Award of USD 50,000.

Also Read: Three Indian Women on Fortune’s Most Powerful Business Women

President and Global CEO, Enactus, Rachael A. Jarosh congratulated the Indian for winning the world cup and called the projects- RAAHAT and UDAAN, inspirational success stories of Enactus students, who are sowing businesses. She said that the projects address the real world challenges efficiently and innovatively. Enactus India President Farhan Pettiwala said that the two projects created by Delhi University students contribute to the country’s betterment, as they support the Government’s civil and social agenda.

Enactus is an international nonprofit organisation, with 72,000 students from 1,700 universities in 36 countries, which held its annual global event in London from September 26 to 28. A selected group of 3,500 students, business, government leaders and academicians across the globe were present at the event. Participants for the final competition round are qualified from over 72,000 university students. Each team has about 17 minutes to present their projects of entrepreneurial action.

Enactus works to nurture the entrepreneurial skills of students, and to address fundamental, social and economic challenges by developing innovative and experiential learning opportunities for students.

-by Megha Acharya of NewsGram. Megha can be reached at @ImMeghaacharya.