US bound by Extradition Treaty, says Solicitor Gen

NEW DELHI, MARCH 24
With the US ruling out handing over of David Headley to India, Solicitor General (SG) Gopal Subramanium has asked the government to act tough and settle for nothing less than his extradition, arguing that a plea bargain cannot be a substitute to an international treaty.
Subramanium, whose advice was sought by the Home Ministry on Headley case, has underlined that the US was under obligation to hand over the Lashkar-e-Taiba operative as the Extradition Treaty between the US and India was binding on both the countries as per international covenants, sources said.
The argument of plea bargaining can’t be a substitute for an international extradition treaty as the latter would always prevail over domestic laws, Subramanium told the Ministry official in a meeting last night.
The law officer has advised the government that Headley, the 49-year-old terrorist who has admitted to plotting the audacious Mumbai terror attack, once extradited to India should be subject to sustained interrogation to ensure that sufficient material evidence was gathered to ensure his prosecution in India independently out of the proceedings being conducted in the US.
Under the plea bargain, India can have access to the terrorist through deposition, video conferencing or Letters Rogatory.
The US has, however, refused to extradite Headley and made it clear that no decision had been taken on giving India direct access to him.