Dawn – ISI and its former chiefs enjoy immunity, says US

Washington, 19 December 2012. The US State Department has informed a New York court that Pakistan’s Inter-Services Intelligence and two of its former directors general “enjoy immunity” and cannot be tried in the Mumbai terror attacks case.

“Upon consideration of this matter, and after a full review of the pleadings, the Department of State has determined that defendants Ahmed Shuja Pasha and Nadeem Taj are immune from suit in this case,” said an official letter sent to the US Department of Justice.

The State Department also pointed out that its determination was “not subject to judicial review”.

India, however, rejected the determination, saying that the US affidavit was “a matter of deep and abiding concern” and contradicted Washington’s public commitment to bringing “those responsible for the Mumbai terror attacks to justice”.

Six Americans were among the 166 killed in the Nov 26, 2008, terrorist attacks in the Indian city and later their relatives filed a case in a New York court, listing two former ISI chiefs among the accused.

Lashkar-e-Taiba leaders, Mohammed Hafiz Saeed, Zakiur Rahman, Sajid Mir and Azam Cheema are on the same list.

The complainants claimed that since the ISI was involved in the planning and execution of the attack, Mr Pasha and Mr Taj should be asked to appear before the court.

But on December 17, a State Department legal adviser, Harold Hongju Koh, informed the Department of Justice of its determination that both Mr Pasha and Mr Taj enjoyed immunity and, therefore, could not be called to a court in the United States.

“The residual immunity of a former official is based upon that official’s conduct and extends only to acts that individual took in an official capacity,” explained Mr Koh in a letter addressed to the US Principal Deputy Assistant Attorney General Stuart Delery.

On December 17, Mr Delery submitted a 12-page affidavit in the court, saying: “In the view of the United States, the Inter-Services Intelligence is entitled to immunity because it is part of a foreign state within the meaning of the Foreign Sovereign Immunities Act.”

The Department of State has also determined that the two former ISI chiefs were also “immune because plaintiffs’ allegations relate to acts that these defendants allegedly took in their official capacities as directors of an entity that is undeniably a fundamental part of the government of Pakistan,” he said.

“Because foreign sovereign immunity and foreign official immunity provide an adequate basis upon which to dispose of this case … the United States takes no position on the political question doctrine issues that are also presented in this case,” he added.

“In making this immunity determination, the United States emphasises that it expresses no view on the merits of plaintiffs’ claims. The United States strongly condemns the terrorist attacks in Mumbai and continues to believe that the Islamic Republic of Pakistan must take steps to dismantle LeT and to support India’s efforts to counter this terrorist threat,” the affidavit said.

A lawyer representing the ISI and its two former chiefs informed the court that the agency was a part of the Pakistani government and functioned under the Ministry of Defence.

The lawyer disagreed with the plaintiffs’ claim that the ISI was “not governed or authorised by Pakistani law” and was “not under the control of the Pakistani government”.

The US executive and legislative branches had “consistently treated the ISI as part of the Government of Pakistan,” the lawyer pointed out.

“The executive branch holds official meetings with representatives of the ISI, issues them diplomatic visas consistent with their status as Pakistani government employees and in all respects recognises the ISI as part of the Government of Pakistan,” the lawyer said.

“Congress likewise has specifically recognised that the ISI is part of the Pakistani government,” he argued.

The attorney also noted that so far no US court had concluded that a component of a foreign state lacked immunity because the foreign state allegedly did not control its actions.

“Plaintiffs’ theory is particularly unusual in the context of an intelligence agency, which, like a foreign ministry or defence ministry, serves a quintessentially sovereign purpose,” he argued.

http://dawn.com/2012/12/20/isi-and-its-former-chiefs-enjoy-immunity-says-us/

The Asian Age – Hafiz was never held in 26/11 case

Namrata Biji Ahuja, Asian Age Correspondent

Delhi, 18 December 2012. Pakistan’s lie on Lashkar-e-Tayyaba patron and Jamaat-ud-Dawa chief Hafiz Saeed stands exposed as documents provided by Pakistan interior minister Rehman Malik to the Union home ministry clearly show Islamabad never detained or arrested Saeed in the 26/11 terror attack case.

During his just-concluded India visit, Mr Malik had turned down New Delhi’s request for action against Saeed, arguing there was lack of “credible evidence” against the 26/11 mastermind who had repeatedly been acquitted by the Pakistani courts. The fact that none of the three cases referred to by Mr Malik involved Saeed’s role in 26/11 has widened a trust deficit between the two nations on whether Islamabad is deliberately brushing aside New Delhi’s concerns under pressure from the ISI, top security officials said.

“For us, Saeed’s involvement in 26/11 can expose the Laskhar-ISI nexus. Saeed’s quitting LeT in 2001, months before Pakistan imposed a ban on it, indicates there was a move to give him safe passage,” the officials remarked.

Nailing Pakistan’s lie, Union home minister Sushilkumar Shinde on Monday told Parliament that Mr Malik appeared to have been “misinformed in the matter of Hafiz Saeed”. “We had been given to understand by the interior minister of Pakistan that Mr Hafiz Saeed had been arrested on charges of being a part of the conspiracy for the 26/11 Mumbai terror attacks,” he said, adding, “From the papers given to us, it is clear that the detentions of Saeed in these cases were for other reasons and not for his role as a conspirator in the 26/11 Mumbai terror attacks.” he said.

http://www.asianage.com/india/hafiz-was-never-held-2611-case-833

Dawn – Malik meets Manmohan: Mention of Babri mosque, Muslims’ killings irks BJP

New Delhi, 16 December 2012. Interior Minister Rehman Malik invited angry rejoinders from India’s right-wing Hindu opposition on Saturday after he told his hosts at home ministry in New Delhi that the 1992 demolition of Babri Masjid in Ayodhya and the anti-Muslim violence it spawned were undesirable events.

Some TV channels projected Mr Malik’s remarks late on Friday as an attempt to equate the Ayodhya outrage with the Mumbai carnage of November 2008. He denied it was his intention to juxtapose the two events in any unacceptable way.

A reported text of his Friday comment seemed to support his claim. “We do not want any 9/11. We do not want any Bombay blasts, we do not want any Samjhauta Express, we do not want any Babri mosque issue and we can work together not only for peace in Pakistan and India but also for the region,” Mr Malik had said in New Delhi.

An official judicial probe into the aftermath of Ayodhya had shown 1,500 people were killed, 1,829 injured and 165 missing in the gruesome violence in Mumbai for which the report put the blame on the Shiv Sena and its followers in the city police.

Mr Malik’s comments came just ahead of a report in ‘The Hindu’, which quoted a 1992 top aide of then prime minister Narasimha Rao as saying that he had wanted the mosque to be replaced by a Ram Temple in Ayodhya. Rao “wanted the construction of the Ram temple at Ayodhya through an ‘apolitical’ trust and prepared an ‘unshakeable’ master plan. He believed this could be done by the trust that could enjoy ‘acceptability’ from all corners of the Hindu religion,” his media adviser P.V.R.K. Prasad was quoted as saying.

Bharatiya Janata Party leader Arun Jaitley slammed the UPA government for not responding to Mr Malik’s Babri Masjid statement immediately.

“The senior minister present should have contested that statement rather than him (Malik) having to clarify his statements,” Mr Jaitley said.

Mr Malik, who is on a three-day visit to the country, also said that Pakistan had initiated investigation into Mumbai attacks and made arrests even before India brought up the issue. He added that Pakistan was not backing any terrorist group, including Lashkar-e-Taiba.

Earlier, Mr Malik, who termed the talks with Home Minister Sushilkumar Shinde ‘successful’, had created another controversy in the media by saying he was unsure whether India’s Kargil war hero Captain Saurabh Malik had been killed by a Pakistani bullet or the weather.

Interacting with mediapersons on Saturday, Mr Malik said: “Today, I humbly submitted to him (Prime Minister Manmohan Singh) that people of Pakistan, specially people from the village where he was born and attended school, want to see him.”

He said Pakistani people and “his childhood friends want to see a person who is not only the prime minister of India, but also a visionary leader of the world”.

Dr Singh, however, said that people in New Delhi asked about the culprits of 26/11. “So, I explained to him and want to tell the people of this country also that there will be no delay from our side; whenever the judicial commission submits its report after cross examination, we will conclude the trial in a very short duration of time,” Mr Malik added.

Agencies add: Meanwhile, speaking at a lunch hosted by the president of the Confederation of Indian Bar, Pravin H. Parekh, Mr Malik said there was a growing interaction between Pakistan and India as their joint efforts in eliminating terrorism would help bring peace and stability to the region. “Both sides are facing scourge of terrorism and extremism and have suffered financial as well as precious human lives loss and it is time that we should make efforts for peace and root out the menace of terrorism to ensure secure atmosphere for the coming generations.”

The minister said authorities had arrested Hafiz Saeed Ahmed three times, but the courts had to grant him bail as no convincing evidence was available. “If India has strong evidence against Hafiz Saeed for his alleged involvement in Mumbai attacks, I would order his arrest immediately before leaving India,” he added.

Mr Malik also held meetings with Opposition Leader Sushma Swaraj and National Security Adviser Shiv Shankar Menon.

http://dawn.com/2012/12/16/malik-meets-manmohan-mention-of-babri-mosque-muslims-killings-irks-bjp/

The Asian Age – Doing our best in 26/11 probe: Pakistan

Asian Age Correspondent

New Delhi, 16 November 2012. As India continues to press Pakistan to do something substantial to bring the perpetrators of 26/11 to book, Pakistan maintains that it is trying to do its best to ensure that justice is done.

The assurance from Pakistan came from its high commissioner to India, Salman Bashir, who said here on Thursday, “As far as government of Pakistan is concerned, as far as prosecution is concerned, they are doing their best to ensure that justice is done and no stone would be left unturned.”

Mr Bashir, who was speaking to reporters on the sidelines of the inauguration of the Pakistan pavilion at the 32nd India International Trade Fair, maintained that the Pakistan government and prosecution there were seriously pursuing the case.

To another question on Mumbai attacks mastermind Hafiz Saeed continuing to freely roam about in Pakistan, the Pakistani envoy said, “Hafiz Saeed or whoever it is… The whole issue, we believe should be dealt in accordance with law, if there is any evidence, that’s another thing. I must remind you that Hafiz Saeed was set free after due judicial process by the high court.”

The Pakistan high commissioner also said that the relationship between India and Pakistan has moved forward beyond the Samjhuata blast probe or Mumbai attack trial.

http://www.asianage.com/india/doing-our-best-2611-probe-pak-991

The Asian Age – ‘India does not expect big solutions to problems with Pakistan’

New Delhi, 25 June 2012. Ahead of the foreign secretary level talks with Pakistan, India on Monday said it did not expect ‘big solutions’ to six-decade-old problems at a time when that country is going through ‘many upheavals’ and needed space to settle down.

“These problems have been there for the last 60 years and you do not expect big solutions in six days or six weeks or in six months,” External Affairs Minister S.M. Krishna said when asked about little progress made in the peace talks with Pakistan.

He underlined the need to keep up the dialogue process with Pakistan which was going through many upheavals.

“I think the whole thrust is to keep Pakistan engaged and keep talking to them. They are also going through many upheavals in that country. So we will have to provide space for them to settle down and India which is a country which is stable and growing, will have to think,” he said. Asked whether India would take up the issue of ceasefire violations along the Line of Control in Jammu and Kashmir, Krishna said the two countries need to make sincere efforts to live as good neighbours.

“Things are getting normalised with Pakistan. It is our fond hope that a sincere effort from both countries to live as good neighbours has to be adopted. India has always been willing to do that. I hope that Pakistan will respond,” he said.

Krishna was apparently referring to the situation in Pakistan where the Supreme Court had disqualified the then Prime Minister Yousuf Raza Gilani as member of the National Assembly citing his conviction in a contempt of court case.

Krishna also congratulated the Delhi Police for arresting a key suspect allegedly involved in the 26/11 Mumbai terror attack but refrained from saying whether the issue would be taken up with Pakistan.

“The Delhi Police has done a magnificent job. I am sure that the investigations will take place and we will wait till the investigations,” he told reporters here.

Sayed Zabiuddin alias Abu Hamza, the Hindi tutor of 10 terrorists who carried out the 2008 terror attack in Mumbai, was arrested from the Indira Gandhi International Airport (IGI) last week.

Asked whether India would raise the issue of Zabiuddin’s arrest with Pakistan, Krishna said: “Let the Delhi Police first go through investigations and then they will send a report to the government and then we will see what appropriate follow up action can be taken.”

On Bangladesh High Commissioner Ahmed Tariq Karim’s remark that Pakistan Army’s ‘selfish corporate’ interest may spark off a nuclear conflict with India, Krishna merely said, “Nuclear confrontation is unthinkable”. (PTI)

http://www.asianage.com/india/india-does-not-expect-big-solutions-problems-pak-813