US embassy cable - 05NEWDELHI2094

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 002094 
 
SIPDIS 
 
E.O. 12958: DECL: 03/17/2015 
TAGS: PREL, PHUM, PGOV, CVIS, KIRF, IN, Indian Domestic Politics 
SUBJECT: FOREIGN SECRETARY SARAN REQUESTS REVIEW OF MODI 
VISA DECISION 
 
 
Classified By: DCM Robert O. Blake, Jr., for Reasons 1.4 (B, D) 
 
1.  (U) This is an action request, see paragraph 6. 
 
2.  (C) Summary: Amid extensive media coverage of the USG 
decision to not issue an A2 visa to Gujarat Chief Minister 
Narendra Modi and to revoke his B1/B2 visa, Foreign Secretary 
Shyam Saran called the DCM to his office late afternoon on 
March 18 to express the GOI's "grave concern" and to request 
the USG to reconsider the decision.  Characterizing it as 
"uncalled for" and a display of a "lack of courtesy and 
sensitivity," in an otherwise friendly meeting Saran conveyed 
GOI concern that our decision had already incited a 
controversy and threatened to spark just the kind of 
divisiveness the US alleges Modi himself facilitated.  Saran 
emphasized the GOI considers Modi a democratically-elected 
Chief Minister under the Indian Constitution, and that the US 
should take this into consideration.  The DCM assured the 
Foreign Secretary that the USG's decision has been in 
accordance with US law, which he explained in some detail. 
Following the meeting with the DCM, the MEA issued a 
statement, the full text of which is in paragraph 7.  End 
Summary. 
 
Opinion Versus Office 
--------------------- 
 
3.  (C) Saran argued to the DCM that the USG had made a 
decision based on opinion, an opinion that even some in India 
hold.  That opinion, however, is a separate issue from the 
fact that Modi is a constitutionally-mandated office holder 
whose position derives from the people.  Saran argued that 
the US as a democracy would appreciate this, and argued that 
the dignity of the office of Chief Minister cannot be 
overridden.  Calling the USG determination that Modi had 
failed to act in Gujarat during the 2002 riots a "subjective 
judgment," Saran suggested that perhaps Washington had not 
considered that this was a separate issue in the Indian mind. 
 
Reverse Effect 
-------------- 
 
4.  (C) Appreciating the importance the USG attaches to 
religious freedom, Saran cautioned that this determination 
could have an effect opposite from that intended -- a strong 
emotional reaction which had the potential to polarize the 
Indian people.  This would not be in the interest of 
religious harmony, or shared US and Indian objectives, he 
noted.  Highlighting the political ramifications, Saran 
observed that Parliament was in session and said "this will 
no doubt become a major issue," adding that the BJP was "up 
in arms."  Saran stated that this incident might "open up an 
odd type of standard to give or not give visas." 
 
Request for Reconsideration 
--------------------------- 
 
5.  (C) In light of the above considerations: that Modi's 
office is separate from the subjective judgment of his 
complicity, and the possibility that this decision could 
heighten intercommunal tensions, Saran requested the DCM to 
ask Washington to reconsider its decision.  The DCM explained 
the two parts of our decision, the refusal of the A2, and the 
revocation of the B1/B2, highlighting that we had acted in 
accordance with our own law and democratic constitution. 
Noting the considerable popular and Congressional interest in 
this case, the DCM told Saran that we had taken into 
consideration independent reports, including that of India's 
own National Human Rights Commission, and that the decision 
was not taken capriciously, but involved many people in 
Washington.  The DCM also noted that the most recent USG 
International Religious Freedom Report had characterized the 
overall state of religious freedom in India as improving. 
 
6.  (C) Action request: In light of Foreign Secretary Saran's 
request that the USG give Modi's visa application urgent 
reconsideration, post requests a review of the case, so we 
can respond back to Saran on March 19 (the day Modi was to 
travel.)  (Post does not expect any change, but would 
appreciate a cable telling the GOI we took a fresh look and 
decided to maintain our decision.) 
 
7.  (U) The MEA issued a statement following Saran's meeting 
with the DCM. 
 
Begin text: 
 
The Government of India expresses its deep concern and regret 
that the Embassy of the United States of America denied a 
visa to Shri Narendra Modi, Hon. Chief Minister of Gujarat, 
to visit the US for an event organized by the Asian American 
Hotel Owners' Association. 
 
The visa had been requested by the Ministry of External 
Affairs through a note verbal (sic) to the Embassy on 
February 28, 2005.  This action on the part of the US Embassy 
is uncalled for and displays lack of courtesy and sensitivity 
towards a constitutionally elected Chief Minister of a state 
of India. 
 
The Ministry of External Affairs has called the Head of 
Mission of the Embassy to the Ministry to lodge a strong 
protest against the denial of visa to Modi and to request an 
urgent reconsideration. 
 
End text. 
MULFORD