INDIAN FOREIGN MINISTER TELLS DEPUTY SECRETARY:

S E C R E T SECTION 01 OF 03 NEW DELHI 003158

SIPDIS

E.O. 12958: DECL: 12/13/2018
TAGS: PREL PGOV PTER MOPS PK IN
SUBJECT: INDIAN FOREIGN MINISTER TELLS DEPUTY SECRETARY:
INDIA EAGER TO SEE POSITIVE RESPONSE FROM PAKISTAN

Classified By: AMB David C. Mulford. Reasons: 1.4(B, D).


1. (C) Summary. In a December 12 meeting between Deputy
Secretary Negroponte and Indian Foreign Minister Mukherjee,
the Deputy Secretary provided Mukherjee with a readout of his
meetings with Pakistani officials and urged India to consider
the Pakistani proposal to send a high-level delegation led by
Foreign Minister Qureshi to cooperate in the investigation.
Foreign Minister Mukherjee said he is willing to provide
positive signals from India for cooperation in investigating
the Mumbai attacks, however the essential element at this
point was getting the Pakistani government to take concrete
actions against individuals based in Pakistan. Mukherjee
also stressed that Pakistan's action in detaining suspected
terrorists appeared to be undertaken solely on political
grounds, was not a legal prosecution, and that Pakistan
should provide the suspects to India for prosecution.

-------------- Urging India to consider accepting Pakistani delegation
--------------


2. (S) The Deputy Secretary told External Affairs Minister
Pranab Mukherjee that in his meetings with Pakistani
officials on December 11 he had been told of several steps
the Pakistanis had taken, including the arrest of at least
two operatives directly involved in the Mumbai operation.
However, whether these steps were truly reflective of the
Pakistani government's intention to try to get to the bottom
of investigating the attack remained to be seen, the Deputy
Secretary stated. He noted that Pakistan had lifted its hold
on the proposal to list several LeT members and JUD on the
1267 Committee designation list, which could be helpful in
providing a political cover for taking action against the LeT
and JUD. The Deputy Secretary urged Mukherjee to positively
consider the Pakistani offer to send a high level delegation
to India to conduct a joint investigation, including
officials from ISI, the Home Ministry and Pakistani police
organizations. Foreign Minister Qureshi had offered to lead
the delegation, Deputy
Secretary Negroponte clarified.

-------------- An attempt to harm India's rising economic power --------------


3. (S) Without specifically addressing whether India would
receive the proposed Pakistani delegation, Minister Mukherjee
described the outrage Indians feel over the terrorist attacks
and pointed out that the December 11 parliament session
demonstrated the solidarity of Indian politicians in
responding to the attacks. Mukherjee emphasized that the
November 26 attack was not an isolated incident, and
suggested it was the latest in a series of attacks aimed at
harming the Indian economy. He listed other major attacks in
India in 2008 and their economic impact: Jaipur, a tourist
center for Indians and foreigners; Ahmadebad, India's most
important textile center; Bangalore, the hub of India's
science and defense research, with a large number of foreign
students; Delhi, the seat of government; and now Mumbai,
India's financial and commercial center. Some people would
believe all these attacks were unconnected, Mukherjee argued,
but he believed they were designed to spread terror and fear
in an effort to slow down India's economy. He added that the
Mumbai attack was meticulously planned, noting that most
Indians -- himself included -- were not even aware that
Nariman House was a Jewish center. "These attacks were
designed to harm India's growing economic power and to create
a panic, with mid- and long-term consequences," he said. In
terms of giving the Pakistani government a positive signal,
Mukherjee said that he is willing to send signals, but
worries that such outreach could build expectations in the
Indian public. More important than Indian signals, he said,
was concrete Pakistani action.

-------------- India needs to see action, and not a repeat of past
token responses --------------


4. (S) Mukherjee related what he had told Foreign Minister

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Qureshi: that Pakistani assurances and words must be backed
by action at this time. India has a history of seeing
international interest in terrorism pique in the region,
followed by token Pakistani actions, ultimately ending in
inaction. He provided several examples, including the
dismantling of some terrorist camps following the 2001 attack
on the Indian parliament, and previous "arrests" of Dawood
Ibrahim and Masood Azhar, which were followed by appearances
on Pakistani television or in public with obvious refuge
provided by the Pakistani government. Additionally, in 2004
President Musharraf made the commitment that Pakistani
territory would not be used to harbor terrorists. "I don't
doubt the sincerity of the Pakistani establishment,"
Mukherjee stated, "but I do doubt the capability of the
Pakistani establishment." He said he is under pressure,
including from parliamentarians who questioned him during the
December 11 session, to take some sort of military action,
but said he has stated that war is not a solution. "But
there has to be some deliverables" he stressed; "What signal
can I give if there is no action?"

-------------- Suspects should be handed over to India for prosecution
--------------


5. (C) Mukherjee observed that India and Pakistan share a
similar legal system, inherited from colonial Britain, and
that Pakistan's house arrest of terrorist suspects appeared
to be grounded in the government's political powers and did
not constitute a legal prosecution under the Penal Code. A
political detention was designed to prevent political
activities, it was not the appropriate response in this case,
where suspects should be subject to criminal prosecution. In
a criminal case, the prosecution must present to a court
prima facie evidence so that the court can decide whether to
try the accused or release the person. Mukherjee stressed
that the suspects in the Mumbai attacks should be handed over
for prosecution in Indian courts, because the crime they are
accused of took place in India.

-------------- Concern over who wields power in Pakistan --------------


6. (S) The Pakistani system is a peculiar setup of "cycles
within cycles," Mukherjee explained, which included five main
power centers: the civilian government, the army, ISI, the
maulanas and jihadi groups. None of these power centers held
exclusive power, and it was not apparent whether they were
working together or apart, so the result was there was no
constitutional or judicial order. Additionally, the
competing power centers make it difficult to get Pakistan to
take action on India's numerous requests. Mukherjee pointed
out that there are several high-level dialogues already in
place, including between foreign, defense and home
secretaries, in addition to fora such as the Joint
Anti-Terrorism Mechanism. Progress in these groups as well
as on Composite Dialogue issues such as Sir Creek (which
Mukherjee claimed India believed was resolved before the new
government in Pakistan came in and determined the proposed
solution was unacceptable) ebbs and flows, he said, with a
result of "six inches up, eight down." Mukherjee said that
he did not know who controlled ISI; the Deputy Secretary
responded by saying he had just witnessed ISI Chief Pasha
deferring to General Kayani at a meeting in which they were
both present, a signal, he firmly believed, that ISI was
accountable to the Chief of Staff of the Army.

-------------- Awaiting Pakistan's response -- more than just "We're
considering it" --------------


7. (S) Following further discussion on the Pakistani offer to
send a high-level delegation led by the Foreign Minister, to
which Mukherjee did not directly respond, the External
Affairs Minister reiterated that India was still waiting for
Pakistan to take concrete action. India had delivered a
demarche on December 1, demanding the Government of Pakistan
take steps against elements in Pakistan who were involved in
the Mumbai attacks, but to date the only response Delhi had

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received was "We're considering it and taking it seriously,"
Mukherjee said. (Note: Mukherjee mentioned two demarches
during the
meeting, but later Americas Division Joint Secretary Gaitri
Kumar confirmed for Poloff that only the December 1 demarche,
which had been previously provided to us, was official. Post
believes the other "demarche" Mukherjee was referring to was
his November 28th phone call to Foreign Minister Qureshi
where he also demanded action. End Note.) While Delhi
awaited a more substantive reply, it also was disappointed
with what it feels is a lack of communication from Islamabad
on what steps are being taken. Mukherjee said that India's
High Commission in Islamabad is receiving no official
information from the
Pakistani government, and that the only news it receives on
actions being taken come from the media or from visiting
American officials.

-------------- Appreciation for U.S. efforts --------------


8. (S) The Deputy Secretary reiterated America's solidarity
with India and our mutual interest to bring the perpetrators
of terrorism to justice. Mukherjee was grateful for U.S.
efforts, saying "We deeply appreciate the efforts you are
taking, noting that "what little steps (Pakistan) is taking
is because of you."


9. (SBU) Deputy Secretary Negroponte,s party has cleared
this message.
MULFORD