UPA STEPS UP ANTI-TERROR REGULATIONS

C O N F I D E N T I A L SECTION 01 OF 04 NEW DELHI 002556

SIPDIS

DEPARTMENT FOR SCA/INS, DRL

E.O. 12958: DECL: 04/25/2017
TAGS: PGOV PHUM PREL PINR KDEM PTER IN
SUBJECT: UPA STEPS UP ANTI-TERROR REGULATIONS

Classified By: PolCouns Ted Osius for Reasons 1.4 (B, D)


1. (C) Summary: The Government of India faced yet another
political storm after a series of bombs ripped through New
Delhi on September 13, killing 21 people and injuring more
than 100. The Indian Mujahideen -- a new, homegrown Islamic
extremist group -- claimed responsibility for the attacks.
The local media, opposition Bharatiya Janata Party, and
government coalition partners have stepped up attacks on the
United Progressive Alliance (UPA) government, calling for the
resignation of Union Home Minister Shivraj Patil and more
stringent anti-terror laws. In the wake of the serial blasts
and heated public debate, the Congress Party-led UPA
government called an emergency cabinet session on September
17 to discuss the state of national security. Prime Minister
Manmohan Singh, in a determined effort to calm public
anxiety, announced UPA initiatives to strengthen existing
intelligence networks and law enforcement capabilities.
Among the proposals mooted were appointment of an Internal
Security Minister, implementation of more vigilant
anti-terrorism laws, and creation of a federal crime-fighting
and anti-terror agency, but no decisions were taken on these
steps. The string of blasts in the last three month has
forced the UPA government to confront an emerging, domestic
terrorist threat -- a radical fringe of technically-savvy,
disaffected Indian Muslims who embrace Islamic extremism in
response to perceived injustices by the Hindu majority --
even as some continue to point the finger at Pakistan's ISI.
What is clear is that the last several months of attack has
exposed critical breakdown in India's security apparatus at
all levels. End of Summary.

Terrorists Strike Delhi
---


2. (U) New Delhi has been in a state of heightened
vigilance since September 13, when five explosions within a
half an hour time span wreaked havoc in three crowded
shopping markets, killing 21 people and injuring more than

100. The first bomb exploded in a parking lot adjacent to
the Karol Bagh Gaffar Market at 6:15pm, killing 13 people and
injuring more than 40. Two bombs exploded in quick
succession in nearby Connaught Place, in the heart of the
capital, killing seven. This was shortly followed by two
blasts in the poplar M Block Market in the upscale
neighborhood of Greater Kailash I in Southern Delhi. The
last attack did not claim any lives. A domestic Islamic
terrorist group, the Indian Mujahideen, claimed
responsibility for attacks.


3. (U) The New Delhi Police has stepped up operations to
track down terrorist suspects. On September 15, police
identified Abdul Subhan Qureshi, a convent-educated,
tech-savvy member of the banned Islamic group Students
Islamic Movement of India (SIMI),as the chief suspect in the
New Delhi attack and said that he was also involved in the
Ahmedabad bombings in July. In broad daylight on September
19, New Delhi Special Cell Police engaged in a gun battle
with Muslim youth believed to be involved in Ahmedabad and
Delhi serial attacks, in which two suspects were injured, two
killed and one was taken into police custody; two also
escaped. Police apprehended four more suspects on September
21 linked to the New Delhi and Ahmedabad attacks in July.
Deputy Commissioner of Police for South Delhi told news
reporters that these four suspects were planning at least 20
attacks in New Delhi, including Nehru place, a popular
shopping area in South Delhi.

UPA Considers POTA-like Law
---


4. (SBU) Recognizing the potential for political damage
following the attacks, the UPA has tried to get in front of
growing public criticism. Prime Minister Manmohan Singh
addressed a group of state governors on September 17 and

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indicated that the UPA was considering legislation to
strengthen India's anti-terrorism laws in line with the
global consensus on the fight against terror. Veerappa
Moily, chairperson of the Administrative Reforms Commission
(ARC),submitted a report to the UPA cabinet recommending a
new anti-terror law similar to the Prevention of Terrorism
Act (POTA) that was enacted in 2001 by the former BJP-led
central government, and subsequently repealed. POTA
provisions allowing detention of terrorist suspects for up to
180 days without filing charges and liberal treatment of
confessions were challenged by human rights groups.


5. (U) There has been considerable internal debate among
Congress-Party officials and UPA allies on whether to enact
stronger terror-fighting legislation. Some officials
perceive that POTA unfairly targeted the Muslim community,
noting that one of the first acts of the UPA government was
to repeal POTA when it came into power in 2004. On the other
hand, some within the UPA have called for additional
anti-terrorism laws in line with POTA provisions to address
the emerging indigenous terrorism threat. During his remarks
on September 17, PM Singh mentioned that the UPA was
"actively considering" stronger legislation to fight
terrorism. He indicated that existing security and
intelligence agencies have successfully thwarted and
pre-empted some terrorist attacks, but conceded that there
are gaps in intelligence that "need to be overcome."


6. (U) UPA Information and Broadcasting Minister and
Cabinet spokesperson Priyaranjan Dasmunsi on September 18
ruled out any move to revive POTA-like legislation, or any
additional laws to combat terror, noting that existing
legislation under the Unlawful Activities (Prevention) Act is
sufficient to handle the terrorist threat. "No. No. No. It
(POTA-like law) is a draconian law and against human rights.
If the present laws such as the Unlawful Activities
Prevention Act are implemented properly, there is no need for
addition laws," Dasmunsi said. (Note: The Unlawful
Activities (Prevention) Act, enacted in 1963, gives the
Indian government legal authority to detain individuals and
ban organizations linked to terrorist activities. End Note.)


BJP and UPA Allies Call for Patil's Head
---


7. (U) The Bharatiya Janata Party (BJP) and UPA coalition
partners have criticized the Home Ministry for failing to
address the scale of the security threat throughout the
country. In national press on September 14, BJP spokesperson
Prakash Jawadkar alleged that the Home Ministry did not have
the "political will" to combat terrorism, which has allowed
Islamic militants to wage a "war against India." UPA allies
Rashtriya Janata Dal (RJD) party chief and current Railway
Minister Lalu Prasad Yadav and Lok Janashakti Party (LJP)
chief Ram Vilas Paswan, within days of Delhi blasts, openly
called for Home Minister Shivraj Patil's resignation. Paswan
on September 17 stated that "He (Patil) should have been
prepared to respond to these acts of terror...It has damaged
the UPA government's reputation."

Federal Agency and Internal Security Ministry Discussed
---


8. (C) PM Singh also announced renewed support for ARC
Chairperson Verrappa Moily's recommendation for the creation
of a new federal agency to investigate and prosecute suspects
linked to terrorist attacks and called for greater
cooperation between federal and state-level law enforcement
agencies. Ajai Sahni, South Asia terrorism specialist and
founder of the South Asia Terrorism Portal, told us on
September 18 t`at most police are organized exclusively along
state lines and are often under extreme pressure to satisfy
state officials. Their intelligence gathering is usually
focused on investigating the personal lives of political

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rivals, he added. Sahni further explained that the Central
Bureau of Investigations, India's main federal law
enforcement agency, is primarily mandated to investigate
official corruption and only gets involved in terrorism cases
if invited by state authorities or if ordered by federal
court. India's internal intelligence arm, the Intelligence
Bureau, Sahni added, has limited legal powers and cannot
present evidence in court.


9. (U) Local media has speculated about the creation of a
new Internal Security Minister post. The UPA cabinet briefly
discussed the issue but did not move forward with formal
proposals. A separate Minister for Internal Security is not
without precedence. Arun Nehru was appointed Minister for
Internal Security in Rajiv Gandhi's administration. He was
followed by P. Chidambaram and Rajesh Pilot when Narasimha
Rao was Prime Minister. Since 1996, the Home Minister has
overseen both national and internal security. According to
local press, UPA leaders would like to appoint a young MP,
such as Pallam Raju, as Internal Security Minister to breathe
new energy into the security structure.


10. (C) According to Business Standard Political Bureau
Chief Aditi Phadnis, the string of attacks targeting India's
urban middle-class has forced the UPA government "out of its
stupor on terrorism." The UPA, in her opinion, is trying to
initiate stronger anti-terrorism measures to avoid "an
inevitable backlash" from the Indian voters, media and
opposition parties ahead of national elections due by May

2009. In the aftermath of New Delhi blasts, the UPA seems to
have understood that addressing security lapses in India's
anti-terrorism framework is critical to their "political
survival;" however, Phadnis warns that "their (UPA) actions
must follow rhetoric" to brighten re-election prospects.


11. (U) The UPA has taken the brunt of the criticism from
the opposition Bharatiya Janata Party (BJP) and coalition
partners for failing to address the scale of the security
threat throughout the country. In national press on
September 14, BJP spokesperson Prakash Jawadkar alleged that
the UPA government did not have the "political will" to
combat terrorism, which has allowed Islamic militant to wage
a "war against India." Some BJP politicians claim that the
UPA will not take such steps because such efforts might
alienate the Muslim "vote bank."

Indigenous Outfit Completes Operation "BAD":
Bangalore-Ahmedabad-Delhi
---


12. (U) The bombings in New Delhi are the latest in a
string of terrorist attacks that have killed more than 150
people in the last three months. Jaipur, the capital of
India's popular tourist state Rajasthan, was rocked by eight
bombs on May 13, killing more than 69 people and injuring

250. From July 25-26, eight small explosions in the
information technology hub of Bangalore killed one, while a
series of 16 bombs in Ahmedabad killed 45 people. On July
27, authorities discovered and diffused a total of 23
low-intensity bombs in Surat.


13. (SBU) After the Delhi bombings, media contacts drew
links to the bomb explosions in Jaipur, Bangalore, Ahmedabad
and Delhi. Aditi Phadnis said that the Indian Mujahideen --
an emerging Islamist group that has claimed responsibility
for attacks and sent email threats to television exactly five
minutes before the Bangalore, Ahmedabad and New Delhi attacks
-- was setting up a "challenge" to police and intelligence
agencies. Sultan Shaheen, Editor-in-Chief of New Age Islam
website, was not surprised when the source of the latest New
Delhi email was traced to Mumbai, noting high-profile arrests
of Mufti Abu Bashir and other SIMI operatives linked to the
Ahmedabad blasts in July. In his view, the Indian Mujahideen
had successfully accomplished "Operation BAD," or "Operation
Bangalore-Ahmedabad-Delhi," the term commonly used in the

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media and intelligence circles describing the terrorist plots
in Bangalore, Ahmedabad and Delhi.

Emboldened Homegrown Terrorist Networks
---


14. (SBU) In the past, India has blamed neighboring
Pakistan for orchestrating attacks on Indian soil, but the
emergence of the Indian Mujahideen has forced authorities to
confront the specter of an effective, homegrown militant
force. PM Singh acknowledged that domestic Islamic extremist
elements, notably the Indian Mujahideen, pose a serious
national security concern. "The role of Pakistan-based
terrorist groups cannot be minimized, but the involvement of
local elements in recent blasts adds a new dimension to the
terrorist threat," PM Singh said.


15. (C) According to security experts, the string of
city-by-city attacks by a domestic terrorist group raises
difficult questions for the government about growing anger
among India's Muslim minority, which accounts for 154 million
people and lags far behind the Hindu community in almost
every social indicator from household income to literacy.
Ajai Sahni sensed that the rise in extremism stems from a
sense of alienation among India's Muslim minority population,
who feel victimized by government's efforts to stamp out
terror. Sultan Shaheen mentioned that immediately after
Delhi bombings, and similar to previous attacks, police
rounded up innocent Muslims throughout the city. This
contributes to the resentment and bitterness in the
community, which begins to feel that the state and society
believe "all Muslims are involved or supporters of
terrorism." He further suggested that government leaders
should understand that India's disgruntled Muslim community
carries the scars of Gujarat communal riots in 2002 which
claimed the lives of more than 2,500, mostly Muslims victims.
Most politicians, he said, often skirt the issue in spite of
public pressure to track down culprits.

Comment: UPA Terror Laws: More of the Same?
---


16. (C) The UPA government's inability to tackle terrorism
has been a constant theme of the opposition Bharatiya Janata
Party since the Coalition took office in 2004. The repeal of
POTA in 2004 and current Congress-Party infighting over the
implementation of POTA-like anti-terror legislation
underscores the UPA's "soft on terror" reputation. The
emergence of homegrown terrorists linked to the string of
serial attacks has also provided a political opportunity for
some, including UPA ally and current Indian Railway Minister
Lalu Prasad Yadav, who has strengthened his popular appeal by
siding with domestic press and opposition parties when he
openly called for the Home Minister Patil's resignation and
demanded more draconian anti-terror laws. In the run up to
competitive national elections due by May 2009, the UPA
government's response to Delhi bombings, and their decision
to enact additional security legislation, will be closely
followed. End Comment.

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