Immunity to ISI DGs not result of any deal: officials

Security officials on Saturday rejected media reports claiming that immunity granted to the country’s top spy chiefs by a US court was an outcome of a deal between the top military leaderships of the two countries.
The officials confided to Pakistan Today that the report was “devil of facts and is based on assumptions, concocted linkages and has mala fide intentions”.
Quoting diplomatic circles in Islamabad, the report read on December 21 that the immunity to two former Inter-Services Intelligence (ISI) chiefs in the 26/11 Mumbai terror attacks case had been given to Pakistan’s military top brass almost a year ago by their American counterparts during a meeting in Oman. However, the report had also said that the ISI and CIA director generals (DGs) were absent from the conference room during the high-powered meeting. “How is it possible that top CIA and ISI officials were not part of such an important meeting?” they questioned.
A case for compensation was filed by the heirs of victims killed in the 26/11 incident. Jamaatud Dawa (JD) chief Hafiz Saeed, Zakiur Rehman Lakhvi and other affiliates were accused of masterminding the killing. The ISI top officials Lt General Ahmed Shuja Pasha and Lt General Nadeem Taj were also named by the complainants to declare ISI a terrorist organisation.
The officials said, “The linkage made by the media report and the way it is rationalized without logic is a pointer towards serving somebody’s agenda. Being Pakistani one must hail the decision of the US government that has supported the claim of the Pakistani government rather than being sarcastic and making concocted story.”
Since the case had serious implications for Pakistan, the government decided to defend the state and the ISI DGs and fight the case in accordance with the international laws. However, no defence was offered to Hafiz Saeed and others, the security officials said. The JD chief moved the Lahore High Court, seeking direction to the government to defend him as a Pakistani. However, the government declined on the basis that it was an individual affair.
The prime minister, on the recommendations of the Law and Defence ministries, approved a summary and authorised the Foreign Ministry (FM) to hire a law firm in the US to defend the DGs. Locke Lord Bissell (LL&B ) was hired for this purpose. The ministry also hired Ahmer Bilal Soofi as local attorney.
After submission of the defence and claiming immunity by the defence lawyer, the judge of the court referred the matter to the US State Department for submission of a statement of interest on the plea of foreign immunity. After seven months of deliberations, the State Department submitted on December 17 that the ISI and its two DGs enjoyed state immunity. The judge is likely to decide the case in favour of the Pakistani government.
The officials said, “The annoyance of India is understandable because it wanted to embroil the ISI and malign Pakistan. The anti-Pakistan forces are also pursuing the case to achieve their ulterior motives. The main intent was to declare ISI a terrorist organisation.”
In November 2010, a civil law suit was filed by the six legal heirs of Mumbai terrorist attacks in the district court in New York. The ISI, its two DGs and few others were made respondents for monetary damages worth millions of dollars for the wrongful death, injuries and survival claims. The complainants argued that the Mumbai attacks were planned and supervised by the ISI and its two DGs. Law firm Kreindler and Kreindler is representing the legal heirs.
In July 2011, the defence counsel submitted motion and declaration papers for the dismissal of the motion on the grounds of sovereign immunity, political question and jurisdiction based on the proposition that the ISI and its two DGS were not subject to the jurisdiction of the court of another state on account of Foreign Sovereign Immunity Act and as per international law.
The Pakistani envoy to the US has written twice to the legal adviser of the US State Department for assistance in dismissal of the case by issuing statement of interest/suggestion of immunity.
In October 2009, the FBI arrested David Coleman Headly from Chicago for his alleged involvement in Mumbai attacks. In March 2010, Headly entered into a plea bargain and confessed to carrying out recce of various targets in India. In June 2010, India’s National Investigation Agency (NIA) visited the US to cross-examine Headly. According to US media reports, Headly will be sentenced on January 17, 2013.
Meanwhile, in November 2012, India has again requested the US to extradite Headly, which is against the Article 6 of Indo-US Extradition Treaty. The treaty reads that a defendant shall not be extradited to India for any offence that he has been convicted for under the plea-bargain agreement.