ANGRY BJP REACTION TO MODI VISA DENIAL; OTHERS

C O N F I D E N T I A L SECTION 01 OF 04 NEW DELHI 002095

SIPDIS

E.O. 12958: DECL: 03/18/2015
TAGS: CVIS PREL PHUM PGOV KIRF ASEC IN
SUBJECT: ANGRY BJP REACTION TO MODI VISA DENIAL; OTHERS
PRAISE IT

REF: A. NEW DELHI 2094

B. STATE 47876

C. MUMBAI 756

Classified By: DCM Robert O. Blake, Jr. for Reasons 1.4 (B, D)


1. (C) Summary: The March 18 USG revocation of Gujarat Chief
Minister Narendra Modi's visa has set off strong criticism in
the BJP, and prompted the Foreign Secretary to call in the
DCM to lodge a protest (Ref A),followed by an MEA statement
expressing its "deep concern and regret." The BJP reacted
immediately, with its spokesman denouncing the move as
"condemnable" and "an insult to the nation." Not all
reaction has been negative, however, with Congress
politicians, human rights activists and Christian and Muslim
leaders welcoming the move. Modi remains unpopular inside
and outside his party, and we expect few outside the BJP to
defend him. Mission closed FCS and USEFI offices in
Ahmedabad as a precaution, convened an EAC (Septel),and is
monitoring reactions in Hindu nationalist quarters to gauge
the likelihood of anti-American violence. This incident will
chill our relations with the Gujarat government and the BJP,
but we expect no other serious or longterm national
consequences. End Summary.


2. (C) In an attempt to explain the decision (Ref B) to the
BJP leadership before the news hit the wires, DCM called
former Foreign Minister Yashwant Sinha on March 18 to inform
him of the impending denial and revocation (Sinha had called
DCM the previous day on behalf of Modi to press for a timely
decision). Drawing from press guidance, the DCM reviewed the
reasons for the action. Sinha accepted the explanation
calmly, but noted that the USG process did not allow Modi the
opportunity to express his side of the case, which amounted
to a "conviction without trial." The DCM replied that the
decision was based in part on the assessments of Indian
organizations, including the independent National Human
Rights Commission (NHRC). Sinha expressed appreciation for
the heads-up. The DCM also informed MEA Acting Joint
Secretary (Americas) Renu Pall of our impending decision, who

SIPDIS
expressed thanks for the advance notice.

The CG's Revocation
--------------


3. (C) The Consul General called in Gujarat New Delhi
Resident Representative Aral Meena to explain the decision to
deny Chief Minister Modi's A2 visa and revoke his valid B1/B2
visa. Meena was also given a sealed letter addressed to Modi
formally notifying him of the decision. Before returning the
passport, the Consul General cancelled Modi,s B2 visa issued
in 1998 (valid until June 2008). Modi,s A2 application was
also refused under section 214b. A name check failed to
return a Department hit for Modi under Section 212 (a)(2)(G),
and the NIV system does not permit overseas posts to make
this entry. Consul General decided, therefore to enter a P2G
quasi-refusal in Modi,s name. Post recommends that
Department make the formal CLASS entry and remove (CLOK) our
temporary quasi refusal entry.


4. (C) Meena appeared genuinely shocked that the visa had
been denied, and perhaps more than a little concerned at
having to pass on the bad news. Although clearly not acting
on instructions, he urged the CG to let Modi present his
case, and requested that the USG discuss the matter with the
GOI, arguing that Modi was a good friend to the US, and that
this step would have a negative impact on the India-US
relationship.


5. (C) CG explained that while we recognized the sensitivity
of this issue, it was a decision based in law and not foreign
policy or other considerations. The decision reflected only
the fact that US law required denying entry to the United
States to any foreign government official who was believed to
have been responsible for particularly serious violations of
others, religious freedom. Meena pushed again for an
opportunity for Modi to present his case, or for the Embassy
to discuss the matter with the GOI. CG replied that the
Embassy is always willing to discuss sensitive issues with
the government, and if Mr. Modi wished to write to us we
would pass his concerns to Washington. CG stressed, however,
that this decision had been very carefully considered and
that Meena should not leave with the impression that it was
likely to be reconsidered.

Media Frenzy Follows
--------------


6. (U) Following the revocation, Indian media carried
largely factual reports based on Department's press guidance,
noting that A2 visa was denied "because Modi was not coming
for the purpose that qualified him for the visa," and that
the revokation of his B2 visa was a result of US law that
prohibits issuance to anyone "responsible for or who directly
carried out at any time, particularly severe violations of
religious freedom." One report characterized the matter as
"a stinging snub" to the Chief Minister.

Angry BJP Response
--------------


7. (U) The BJP reacted almost immediately, with party VP
Mukhtar Abbas Naqvi describing the step as "condemnable and
serious," adding that "we do not need a certificate from any
government. We are proud of our religious freedom and
democracy. This is not only an insult to Gujarat or Modi.
It is an insult to the nation." Naqvi demanded that the GOI
"take up this issue" with the USG, asking whether it had been
discussed with Secretary Rice during her recent visit to New
Delhi. In a formal statement to the press, Sinha noted: "I
am surprised that the US Government has taken a unilateral
view on this. While the question of issuing a visa is the
sovereign right of any nation, the reasons they have given
are unacceptable. Coming to such a decision without
consulting or taking into account the views of the Gujarat
Government is unacceptable." Modi supporters reportedly
protested in the Gujarat administrative center Gandhinagar,
calling on their compatriots to boycott American products and
bar U.S. citizens from the state.

Modi Angry
--------------


8. (U) In a 1400 press conference, Modi thanked the Indian
community in the US for inviting him, characterizing his visa
revocation as "an insult to 50 million Gujaratis and the
Indian Constitution, and an attack on Indian sovereignty."
He asked how the USG could interfere in India's internal
affairs, especially since no American or international court
has found his government guilty of any crime. Modi berated
the US for maintaining "double standards" by preventing him
from entering, while treating Pakistani President Musharraf
as an "honored guest, despite the fact that
Pakistan-sponsored terrorism had killed many Kashmiris and
forced Kashmiri Pandits (Hindus) from the state. Urging the
GOI to "rise above politics" and intervene on his behalf,
Modi pledged to write to PM Manmohan Singh to "take up the
matter."

Others are Not
--------------


9. (U) Arjun Modhvadia, head of the Congress delegation in
the Gujarat Legislative Assembly, was quick to assign blame
to Modi himself for the visa denial, saying "People the world
over know that Modi has been involved in human rights
violations by orchestrating the Gujarat riots. The visa
denial is the direct fallout of his tainted image."

Positive Reactions from Mumbai
--------------


10. (C) Yogesh Kamdar, VP of the Indian People's Union for
Civil Liberties, told Mumbai Pol/Econ Chief that secular
forces across India would applaud the decision. At the same
time, the USG should expect a critical, differentiated
reaction to the decision, even among observers, like himself,
who have the sense that "justice has been done" to Modi. To
many Indians, the decision will look very selective, and will
not appear as a "normative or moral" action, Kamdar
predicted. Commentators from across the political spectrum
will probably ask why Modi was picked out "as there at least
10,000 leaders like Modi who have committed similar crimes,"
such as Pakistani President Musharraf or former Pakistani PM
Benazir Bhutto, yet nobody would expect the USG to deny visas
to such leaders. The USG should therefore prepare itself to
address such criticism in India in the coming weeks, he
advised. Predicting that the decision would strengthen
Modi's position in his political battles against rising
opposition within his own party in Gujarat (Ref C),Kamdar
observed that the BJP may have disliked Modi, but Gujaratis
are close-knit and clannish and will rally around their
leader when they think he is under attack from outsiders.


11. (C) Maharashtra-based Human rights activist Javed Anand
called Mumbai's Pol/Econ Chief soon after the first TV
reports to thank the USG. Anand and his wife Teesta Setalvad
head a civil rights NGO that was instrumental in moving the
Indian Supreme Court to re-open criminal investigations into
the 2002 Gujarat killings, and edit "Communalism Combat," a
bi-monthly magazine devoted to investigative reports on
communal relations in India. Anand said the decision would
remind India that the world had not forgotten the Gujarat
riots and that those responsible still need to be held
accountable. A Muslim who is normally very critical of USG
human rights policy, Anand predicted that Muslims in India
and elsewhere would applaud the decision, which he called "a
step that re-establishes our faith in American democracy."
Anand predicted that many Indian secularists will fax their
support to the Embassy and the Consulate. He quoted one
elated human rights activist as saying: "This decision is in
the tradition of Jefferson and Lincoln." In a call to Congen
Mumbai, Urdu newspaper publisher Moin Ahmed called the
revocation "a very good step," noting that "we are going to
thank the US government in tomorrow's edition."


12. (C) Adil Bagadia, the Muslim owner of a large
construction and engineering company in Ahmedebad, told
Mumbai Pol/Econ Chief that the decision was the major topic
among mosque visitors during Friday prayers. For most
Muslims the decision was &great news,8 he reported. Based
on Modi's mindset and that of his supporters, the decision
would have come as a &shock and a jolt8 to them, Bagadia
commented. While officially many BJP officials in Gujarat
will speak of outrage and insult, they will be concerned that
other countries could follow the USG lead and ban Modi, or
that they, too, could also risk losing their ability to
travel to the United States. Modi,s supporters reportedly
were worried that the opposition to him at the state level
was not dissipating, despite continued strong backing from
BJP party chief LK Advani. The USG decision would only
increase their insecurity, Bagadia alleged. The announcement
would therefore probably strengthen Modi,s position in the
short term, but it is yet another stain on his image that
could be exploited in the medium term by the growing number
of BJP members who opposed Modi, Bagadia stated.

Mission Takes Precautions
--------------


13. (C) Although there have been no reports of anti-American
violence, DCM convened the Emergency Action Committee (EAC)
to discuss the potential for threats against the Mission, its
employees, or US interests generally, ordered the closure of
the FCS and USEFI offices in Ahmedabad as a precautionary
measure, and issued a Warden Message urging Amcits to "keep
abreast of news reports regarding reaction to the US
Government's decision and to avoid any area in which
demonstrations may arise." Post will closely monitor
developments to determine the likelihood, if any, of
violence.
Comment
--------------


14. (C) The Congress-led UPA government now finds itself in
the awkward position of defending one of its harshest
opponents, but its protest appears to be more in the order of
going through the motions in "the national interest" than a
spirited defense of Modi The BJP will also close ranks
behind Modi, although his many opponents within the BJP will
privately applaud his predicament, while making pro-forma
protestations of outrage. In private, India's secular
parties (whether allied with the BJP or not) will likely
express a range of views, from euphoria to indifference, but
will be careful about their public comments, as they consider
this to be a BJP problem. Although this incident will chill
our relations with the Gujarat government and the BJP, we do
not expect serious or longterm national consequences.
MULFORD