Going into rare hypothetical scenario, which a government official normally does not do before the media, the Acting US Attorney Gary S Shapiro told reporters that for this Headley would have to violate his guilty plea by not co-operating the US Government or any foreign government in future investigations and 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, adding that there is an extradition treaty between the United States and India.
"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.