Access to Headley may not help India much

Washington: Getting David Headley to answer questions posed by Indian investigators is posing to be a tough challenge for the government. But even if they do get access to him, Headley may duck behind a US law - the fifth amendment, leaving the NIA with no new information.

According to sources, there are a number of complications. First is the involvement of multiple US agencies, often speaking in different voices and with different legal jurisdictions. Then, even if India gets direct access, Headley may not incriminate himself because he can take recourse to a US law - the 5th Amendment.

The US law gives an American citizen, charged for a crime, the right to not make self incriminatory statements, which could mean that Headley will not disclose any material information on the 26/11 conspiracy, the Karachi project or his links with serving Pakistani army officers.

With extradition virtually ruled out, India is pressing for direct access because the other alternative -- sending him a questionnaire to answer -- is practically a useless exercise.

Sources also say India is currently preparing legal papers to make a formal request. The Headley issue, a politically sensitive one for the UPA govt, is souring the atmospherics somewhat in Washington. The PM could personally intervene with Obama, reminding him about the public mood in India which wants justice for the Mumbai attacks.

The national security advisor will press for direct access to David Coleman Headley when he meets his American counterpart. Sources say, in the event that Headley is not extradited to India -- and that is looking increasingly likely -- Indian investigators will want to pin him down directly on his role in 26/11, his links with serving Pakistani army officers and the Karachi project. Such information can be used as evidence in an Indian court.

PM, Obama to discuss Af-Pak policy

Afghanistan and Pakistan will also figure prominently when Obama and the PM meet. The PM will tell Obama that India will stay engaged in Afghanistan, "with or without America" as it regards Afghanistan as its sphere of influence. The PM's message will be Pakistan should not be allowed to have a decisive say in the final equation in Afghanistan.

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On Afghanistan, Singh will want to assess the role Obama envisages for Pakistan and whether the State Department and Pentagon are on different pages. An official source refutes the view gaining ground that Delhi has been let down by Washington but significantly adds that India will follow its core interest in Afghanistan with or without the US.

India's concern over nuke terrorism

India is very worried about nuclear terrorism from Pakistani soil, according to a senior government official. The White House has already said Al Qaeda is quietly looking to lay its hands on an atom bomb. India shares that concern. It is worried about nuke materials and technology falling into Jihadi hands. India and US are both also concerned about the revival of the AQ Khan network of illegal nuclear smuggling.

Sources say the PM and Indian officials will share these concerns with delegates at the Nuclear Security Summit. But India will not say so publicly, neither is the summit outcome statement expected to publicly embarrass Gilani.

The PM has advanced his departure for Washington by a day to keep his Sunday date with Prez Obama who will also meet Pakistan PM Gilani the same day. But interestingly the Indian and Pakistani PMs will not have a one-on-one meeting on the sidelines.

While on the subject of the two countries, PM Singh will project India as a responsible nuclear power even as the radiation leak in Delhi underscores the importance of nuke security.

PM Gilani on the other hand, will be on the defensive given AQ Khan's illegal trafficking racket and the presence of Al Qaeda on Pakistani soil. Especially with the White House declaring in the run up to the summit that Al Qaeda was looking to acquire nuke weapons.