US embassy cable - 05NEWDELHI2266

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 002266 
 
SIPDIS 
 
E.O. 12958: DECL: 03/23/2015 
TAGS: PTER, PREL, PGOV, IN, Counter-Terrorism, GOI 
SUBJECT: GOI DEMARCHE: INDIA SEEKS MORE ON IC-814 
 
REF: 04 NEW DELHI 5630 
 
Classified By: DCM Robert O. Blake, for Reasons 1.4 (B, D) 
 
1.  (C) During a March 23 meeting with DCM and PolCouns and 
pursuant to discussions at the August-September 2004 US-India 
Counterterrorism Joint Working Group (reftel), MEA Joint 
Secretary (Americas) S Jaishankar delivered the following 
 
SIPDIS 
non-paper  requesting USG assistance with the GOI 
investigation into the December 1999 IC-814 hijacking.  While 
agreeing to forward the paper, DCM noted that we had earlier 
inquired at senior levels on this issue in Washington, and 
urged modest GOI expectations for any new US data. 
 
Begin Text: 
 
GOI requests urgent US response on the following pending 
requests for assistance in connection with the IC-814 
hijacking case: 
 
-- To liaise with the concerned American authorities relating 
to the reported seizure of documents relating to the 
hijacking of IC-814 by US forces operating in Afghanistan. 
 
-- To collect evidence relating to the landing of the flight 
at Kandahar and the roles played by Afghan Taliban 
authorities. 
 
-- To get the responses from Mr. Mansoor Akhtar, ex-Civil 
Aviation Minister in the Taliban Government of Afghanistan, 
and Mr. Akhtar Usmani, the Taliban corps commander in 
Kandahar (reportedly in the custody of the American 
authorities) during the hijacking crisis. 
 
--  Examine the possibilities of getting statements from some 
important Taliban functionaries, now reportedly under the 
custody of American authorities. 
 
-- Any additional information available regarding the 
whereabouts/location/hideouts of the seven Pakistani 
nationals involved in the hijacking of IC-814. 
 
-- Any information available in the United States on the 
conduct of these aforesaid seven accused terrorists prior to, 
during, and after the hijacking of IC-814. 
 
-- Any photographs that may be available in the United States 
of accused Abdul Rauf, a key conspirator. 
 
-- Any additional evidence available in the United States 
relating to the landing of the hijacked aircraft at Lahore 
Airport, its subsequent refueling, take-off, etc. 
 
End text. 
 
Comment 
------- 
 
2.  (C) We shared this demarche with Legatt/New Delhi, who 
will forward it through FBI channels to Washington.  Legatt 
noted that the FBI has shared all its information relevant to 
the hijacking of IC-814 with the Central Bureau of 
Investigation (CBI), India's lead federal law enforcement 
agency, but has not acquiesced on requests it deems "fishing 
expeditions."  In January-February 2005, CBI handed to 
visiting FBI Special Agents hundreds of documents for the US 
prosecution of IC-814 principals that had not been previously 
shared, adding that they were only sharing "what we think you 
need to know."  This formulation might raise US prosecutorial 
concerns that some exculpatory information may have been 
withheld. 
 
3.  (C) Legatt has also made the point to the GOI that the US 
prosecution of IC-814 principals could be bolstered with 
information tying IC-814 to other terrorist acts, such as the 
October 1994 kidnapping of US national Bela Nuss and the 
January 23, 2002 kidnapping and subsequent murder of "Wall 
Street Journal" reporter Daniel Pearl.  Legatt reported that 
this line of approach had not resonated with the CBI. 
 
4.  (C) Post, drawing heavily from Legatt's files, will draft 
a cable septel laying out the history and evolution of 
US-India cooperation on the IC-814 hijacking. 
MULFORD