India Disappointment over Immunity to ISI ex-chiefs

By Zaheerul Hassan

Indian government went into depression state when U.S. government has informed a New York court that the Inter Services Intelligence (ISI) and its former chiefs “enjoy immunity” in the case filed by   relatives of Mumbai attacks victims and asked Pakistan to dismantle LeT. Reportedly, Indian government and RAW has overtly and covertly provided the funds for the trial.  Indian supported think tanks as their routine activities by design keep on poisoning international media through propaganda campaigns against Pakistan and its supreme intelligence agency.  It is also added here that main lone surviving character of Mumabi Attack, Ajmal Kasab, has been hanged on 21 at 7.30 am at Yervada jail in Pune since his mercy plea was rejected by the President on November 8: R R Patil.

According to the media reports, U.S. Department of states expressed that ISI is entitled to immunity because it is part of a foreign state within the meaning of the FSIA (Foreign Sovereign Immunities Act),” Principal Deputy Assistant Attorney General Stuart Delery told a federal court here on Dec. 17 in a submission on a case filed by the relatives and family members of the American victims of Mumbai terrorist attacks.

 “Furthermore, the department of state has determined that former director generals Ahmed Shuja Pasha and Nadeem Taj are 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,” Delery said in his 12-page affidavit.

“Because foreign sovereign immunity and foreign official immunity provide an adequate basis upon which to dispose of this case with respect to the ISI and former DG Pasha and Taj, the United States takes no position on the political question doctrine issues that are also presented in this case,” the affidavit says in its footnote in response to the court case filed by American survivors of the Mumbai terrorist attack.  

Four identical court cases were filed including one by Linda Ragsdale on August 12.  A resident of Tennessee, Ragsdale was shot in her back by one of the terrorist at the Oberoi Trident hotel in Mumbai. She, however, survived that attack. Anyhow in making this immunity determination, the United States emphasizes that it expresses no view on the merits of plaintiffs’ claims. American state departments also emphasized that the former director generals of the ISI, Ahmed Shuja Pasha and Nadeem Taj, enjoy immunity, a determination that is not subject to judicial review.

On the flip side, expressing "serious disappointment" over the US submission that ISI be accorded "immunity" in the case related to 26/11 filed by the relatives of victims of Mumbai terror attack, India said it was a "matter of deep and abiding concern."

However, another angle of the Mumbai Attack case is that India government though remained very active in carrying out the media trial of Pakistan and its intelligence agencies on international front and in U.S. but never ever tried to give justice to the wife of Anti-Terror Squad (ATS) Chief Mr. Hemant Karkare of the Mumbai attack and victims of Samjota Express case.  Mr. Karkare was   allegedly killed intestinally on the direction of RAW.  He was the chief of the Mumbai Anti-Terrorist Squad and was killed during the 2008 Mumbai Attacks after being shot three times in the chest. Later on, his bravery was honoured with the Aashoka Chakra on 26 January 2009. I

t is notable here that Karkare carried out the investigations of the serial bomb blasts in thane, Vashi and Panvel, and led the investigation of the 29 September blasts in Malegaon. However the most important case of his career was the investigation into the Col. Purohit conspiracy. According to the close circle of Karkare, he has been pressurized to deflect the investigations of Malegaon Blasts while taking out the names of the other officers from his investigation report. But Karkare did not agree to it and laid his life in a target killing during Mumbai episode. Indian intelligence agency “RAW” felt disgrace and decided to teach a lesson to Mr. Karkare.

In this connection, Congress General Sectary and former Chief Minister of Madhya Pradesh Vijay Singh has also confirmed killing Karkare during the Mumbai Attack was carried out under the murky circumstances. He stated that two hours before the Attack Karkare complained to him over the phone about constant threats to his life those opposed to his probe into the involvement of Hindu Terror groups in the Malegaon Blast (in Mahrashtra).

Earlier too, then Minorities Minister Abdul Rehman Antulay had also indicated that Karkare could have been a victim of a conspiracy because of his investigations into acts of terror by Hindu extremists. Antulay was forced to resign after BJP and Congress leaders’ criticism and also alleged that that the minister’s contention had strengthened Islamabad position. It is mentionable here that a former Inspector General of Maharashtra police, S M Mushrif had also expressed similar views in his book, “who killed Karkare”. In this regard he had also been thrashed out by extremists’ Hindu media. On the other hand towards Vijay Singh remarks, Congress spokesman adopted a very calculated point of view and calibrated posture by neither owning nor rejecting the Singh’s comments. However, BJP’s spokesperson has openly alleged Congress and Singh’s irresponsible comments for harming country’ security.

According to the credible sources, Mrs. Karkare earlier denied the involvement of Hindus in her husband’s death since she was afraid of Hindu Taliban being based in Mumbai which is a hotbed of Hindu extremist elements. On the conditions of anonymity her close friend said that Mrs. Karkare has received reprisal threats from the RSS just after Mumbai Attack.

In fact, Indian government was reluctant to arrest other ten officers of RAW and Armed Forces who were closely associated with Col Prohit in terrorists’ activities of Malegaon, and blasting Samjhauta Express. At that time, Dr. J C Batra, who was a senior advocate at the Supreme Court unofficially, told to the media that the Indian army is involved in this case and there are efforts to shield it from getting exposed.

Interestingly, culprits of Samjhauta Express Case are still under prosecution. A key suspect in the 2007 Samjhauta Express blast, which killed 68 people and mostly Pakistanis, was arrested from Ujjain in Madhya Pradesh on 14 December, 2012

As per Indian media, the arrest came in the midst of Pakistan Interior Minister Rehman Malik's ongoing visit to India. The suspect, Rajendra Chaudhary alias Samandar Das, allegedly planted bombs in two coaches of the Samjhauta Express along with Kamal Chauhan, who is already under arrest. Local police have secured a transit remand for Das. The alleged bomber had turned to the journalists present in the court and said "Yes. I did it." But the defence lawyer, Padam Kant Dwivedi, said that his client was under duress and gave a confessional statement.

The blast is alleged to have been carried out by Hindu right-wing extremists. The NIA, which probes terrorism cases, has charge sheeted six people, including Swami Aseemanand and Sadhvi Pragya Thakur.

Anyhow, the facts of above mentioned terrorists activities show that core elements of Indian notorious agency “RAW are behind regional terrorism. Indian intelligence agency is supporting and promoting militancy in Balochistan, KPP and Karachi. In this regard CIA is providing tacit support to RAW.  The recent attacks on Peshawar Air Port and targeting poor workers of “Polio Campaign” in Karachi and KPK very clearly reveals that RAW supported foreign and local elements are behind this militancy. Reportedly, the militancy in Karachi and KPK have been carried out by South Asian based Raw sponsored terrorists. I would like to suggest that government Pakistani govt should approach UN International Criminal and War Crimes courts for obtaining justice on behalf of poor of victims of blast in Samjhauta Express, killing of Polio workers and victims of attack on Peshawar Air Port. India should stop close Drama on Mumbai case, if she is serious in resolving Kashmir and other issues for establishing of regional peace.