US embassy cable - 05NEWDELHI8782

S E C R E T SECTION 01 OF 02 NEW DELHI 008782 
 
SIPDIS 
 
NSC FOR SLICK, RICHELSOPH 
STATE FOR SA CAMP, S/CT CRUMPTON 
DNI FOR NEGROPONTE, SHEDD 
CIA FOR DDO 
SECDEF FOR CAMBONE 
 
E.O. 12958: DECL: 10/26/2015 
TAGS: PGOV, PTER, KISL, KCRM, EAIR, IN, Counter-Terrorism, Indo-US 
SUBJECT: MEA: LACK OF REPSONSE IN IC-814 CASE COULD HAMPER 
US-INDIA RELATIONS 
 
REF: NEW DELHI 3647 
 
Classified By: Charge Robert Blake, Jr. for Reasons 1.4 (B, D) 
 
1.  (U) This is an action request for S/CT, CIA, DNI, and 
SECDEF.  See paragraph 5. 
 
2.  (C) MEA Joint Secretary (Americas) Jaishankar used a 
November 18 meeting with Charge and PolCouns to warn that a 
USG failure to respond to earlier information requests 
(Reftel) regarding the hijacking of IC-814 could infringe on 
the broader US-India law enforcement/intelligence 
relationship.  He asserted that it was "inexplicable that the 
US has not yet provided a worthwhile response" to the Indian 
March 2005 nonpaper seeking information from hijacking 
detainees in US custody.  He noted that, broadly, there is 
good cooperation with the FBI on investigations, but 
definitely not in this sensitive case. 
 
3.  (C) Jaishankar claimed that two of the GOI's key suspects 
in the IC-814 case, Ex-Civil Taliban Aviation Minister 
Mansoor Akhtar and Taliban Corps Commander Akhtar Usmani, are 
in US custody, but that the GOI is not asking for access to 
the prisoners, only for information.  In deference to US 
political sensitivities, the GOI had dropped its request for 
information on former Taliban minister Muttawakil. 
Jaishankar indicated that the trial of the 10 accused in the 
hijacking (seven in absentia) is winding down and that the 
GOI, in absence of a US reply, will be forced to state in 
court that they are unable to proceed further due to US 
inaction.  Action now, he stressed, would forestall such an 
embarrassing event.  He also claimed that the lack of any 
grand jury indictments against the accused in the US raised 
doubts whether the we will prosecute, in spite of extensive 
FBI cooperation. 
(Legat Comment:  The US has not filed indictments against the 
accused, because the FBI is still awaiting all available 
investigative documents and reports from the GOI.  Since 
2002, Legat has submitted at least six requests for 
information, and the GOI has yet to release all documents 
related to the case.  We are following up in diplomatic 
channels.  End Legat Comment.) 
 
 
Comment: 
-------- 
 
4.  (S) The previous NDA government's decision to trade 
IC-814 passengers for terrorists in Indian jails was an 
ignominious decision, and defeat.  The UPA wants at least to 
learn what the hijackers, who they believe are in our 
custody, know of the operation.  To prove our new strategic 
partnership extends to the intelligence areas, we should 
share fully what we know.  Such a step may prompt India to 
share more fully as well.  Jaishankar is clearly testing the 
limits of our transformed relations. 
 
5. (S) ACTION REQUEST FOR S/CT, SA, DNI, CIA, SECDEF: Mission 
would appreciate Washington action to verify the Indian's 
claims about the hijackers detention status.  If they are in 
USG detention, we should grant Indian access or share 
information we have gleaned on the IC-814 hijacking.  END 
ACTION REQUEST. 
BLAKE