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 NEW DELHI 00002556 002 OF 004 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 NEW DELHI 00002556 003 OF 004 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 NEW DELHI 00002556 004 OF 004 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. WHITE