Mumbai, Nov 27: The National Investigating Agency is hopeful of securing the custody of Tawwahur Rana, the person who had helped David Headley with documents so that he could travel to India.
An NIA official informed OneIndia that the request is under process and the custody or questioning of Rana is important to the ongoing trial of the 26/11 attack being heard by the Delhi court.
Officials of the NIA held discussions with the Department of Justice, United States of America in which the custody of Rana was sought.
During the discussion, the NIA quoted that there is nothing that prevents Rana from being sent to India unlike Headley who has a plea bargain deal with the US.
The NIA officials said that according to the chargesheet filed by them Rana had forged documents along with Headley as per the instructions of the Lashkar-e-Tayiba and this was a punishable offence.
However, since Rana is sentenced to a 14 year jail term in the US, the Department of Justice raised the question of double jeopardy.
They sought to know from the NIA whether sentencing Rana twice would not lead to double jeopardy. The NIA however argued that it would not amount to double jeopardy. They further gave a legal opinion to the Department of Justice in this regard.
The Department of Justice is considering the plea by the NIA. The NIA on the other hand is hopeful that Rana would be extradited to India. However in the absence of the extradition, the NIA at least hopes that it could question Rana.
No Indian agency has questioned Rana so far. There have been legal complications due to which the questioning has not taken place.
n the case of Headley, the NIA cannot seek his extradition due to a plea bargain agreement which he entered into following his arrest.
As per the deal, Headley cannot be extradited to India or Denmark and neither can be awarded a death sentence.