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SECTION - II 



Januar^ 09 



Uniatry oT Eiiemal Aflaira 



II. Pak response to Mumbai attacks 



Pakistan! leaders and Officials afterthe 
attack on Mumbai made different 
Statements tliat indicate continuous 
prevarication. 



January OB 



Mnislty Ol Eilemal AHairs 



30 



Visit of DG, IS! to India 

■ Initial position: On 28 Nov 2008, 
Pakistan PMO and FO issued Press 
Releases that DG ISI wouid vJsJt India. 

• Changed Position: Later on, on 28'" Nov 
2008 night a spokesman for Prime 
Minister's House said that a 
representative of the Inter-Sen/ices 
Inlelligence (ISI) will Visit India instead of 
the Director General, 

On 30 Nov 2008, President Zardari said in 
an intervievt/: "There was a 
miscommunication. We had announced 
that a director will come from my side, 
That is what was requested by the 
(Indian) prime minister and that is what 
we agreed", 

Jaruary 09 Ministry Ol Exteiral Altairs 



61 



Air Space violation and Military 
Buildup 

On 1 3 Dec 2008, PM Gilani said it was a minor 
technical mistake. Information IVlinister Siierry 
Refiman said it was inadvertent, 

On 14 Dec 2008, President Zardari said it was a 
technical mistake 

On 18 Dec 2008 Pakistan conveyed its concern 
on technical and air space violations by Indian 
aircraft alleged on 12 and 13 December 2008. 

Airspace violation was denied by India on 
13.12.2008 itself. 



January 09 



Ministry of EMemal Aflsirs 



6? 



31 



Kasab's Identity and Involvement 
of Pakistan! Nationais 



A Sunday Observer Newspaper report on 7/12/08 has 
established that the lone surviving gunman caught by Indian 
police during last week's terronst attacKs on Mumbai came from 
Faridkot village in the Okara district of the Pakislani Punjab 
On 13 Dec 2008, GEO TV reported Ihat when Ajmal Kasab's fattier 
was sliown the pictures published in newspapers after Mumbai 
attacks, he confirmed that the man in the pJcture was his son. 

On 9 Dec 2008, PR of Pakistan lo UN at UNSC said that i) the 
Government of Pakistan has already initjated JnvestigatJons on its 
own pertaining to the allegations of involvement of persons and 
entjties in Mumbai ii) an mtelligence led Operation strongly 
supported by law enforcement agencies is already underway to 
arrest the individuals alleged to be involved in the Mumbai attacks 



January 09 



Min>9lry Ol Exlamal AHairs 



63 



Kasab's Identity and Involvement 
of Pakistani Nationais (2) 

Changed position 

• On 17 Dec 2008 Pakistan's High 
cotnmissioner to India, Shahid Malik said 
that Ajmal Kasab is not a Pakistani Citizen. 

• On 17 Dec 2008, President Zardari in an 
Interview to BBC said that there is still no 
proof that the gunmen who attacked 
Mumbai came from Pakistan 



January 0^ 



Mrnlsiry oT Eximnai Affaira 



32 



Chronology of contradictory 
Statements on Masood Azhar 



On 9-12-08 Defence Minister Chaudhry Ahmed 
Mukhtar toid CNN-IBN that Masood Azhar has 
been detained and that Pakistan "might allow" 
Indian investjgators to question him. 

On 9-12-08 itself a Bhawalpur police otTicial told 
Aaj TV that Masood Azhar's movements have 
not been restricted. 

On 10-12-08 PM Gilani told reporters that "We 
are awaiting the latest reports about Masood 
Azhar". He did not confirm or deny Masood 
Azhar's detention. 



January 09 



Minisuy of Eitemal AHsirs 



es 



Chronology of contradictory Statements 

on Masood Azhar 

(2) 

' On 17-12-08, Pakistan High Commissioner to india told 
'Network 18' that Pakistan government had not detained 
Azhar as part of the ongoing ctampdown on militant and 
terrorist groups. He also claimed Masood Azhar was not 
in Pakistan. 

■ On 17-12-08 FM Qureshi told "News Eye" at 9 pnn thal 
Masood Azhar is "in custody", 

■ On 1 7-1 2-08 at 1 pm FM Qureshi said that "Masood 
Azhar is wanted by the government of Pakistan, but he is 
not in our custody and he is at large" 

■ On 1 8-1 2-08 MFA PR stated "The Foreign Minister had 
said that Mr. Masood Azhar is wanted by the law 
enforcement authorities of Pakistan and is at large". 



JanuHiy 09 



Ministry of Exle^nal Affaiis 



66 



33 



Hoax Call Issue 



Government of Pakistan Officials clajmed that the President of 

Pakistan received a Ihreatening call from the External Affairs 

Minister of India on 28-1 1-08. It subsequently emerged Ihat the call 

was a fioax Pakistan has however continued !o fiarp on Ihis to 

build up hysteria about India-Pakistan tensions. 

It has been clarified by our External Affairs Minister that; 

"My last and only conversation with President Zardari was in 

Islamabad during my May 2008 visit" 

"The only telephonic conversation with a Pakistam leader I had was 

on 28-1 1-08 with FM Pakistan in New Delhi", 

"1 can only ascribe this to those in Pakistan, who wish to divert 

attention from the fact that a terronst group operating from the 

Pakistan! territory, planned and lajnched a ghastly attack on 

Mumbai". 



January 09 



Minisify o( Emerna! AWaira 



G7 



Mrs. Benazir Bhutto's 
Assassination Enquiry 

Mrs Benazir Bhutto was assassinated on Dec 27. 2007 and the 

crime scene was cleared before any forensic exammation could be 

compleied 

Details of the plot of Ihe assassination remained a mystery Mrs 

Bhutto herseif in a letter in Oct 2007, to the President of Pakistan 

had named serving ar^d retireü inlelUgence officers as being 

involved in a plot to kill her 

Many believed that the Government was involved in the 

assassination, leading to wide spread demands in Pakistan for an 

impartial enquiry 

On 31=' May 2008 Pakistan formally requested UN Secrelary 

General to establish an independent Commission of Inquiry into the 

circumstance of the killing of former PM Benazir Bhutto, 

UN Secretary General announced on 26'" December 2008 that UN 

IS in consultations with Ihe GOP to set up such a Commission 



Janjary 09 



Ministry ot Eiternal Afaira 



66 



34 



SECTION - 



Januarv 09 



MInistry d Exlemal >«tlairs 



69 



I. Evidence Shared with Pakistan 



Information has been shared with Pakistan 
in different meetings from August 2004 tili 
November 2008 repeatedly on: 

Terrorist Attacks in India by Organisations 
and Entities in Pakistan 

Fugitives from Indian Law 

Other terrorism related cases. 



January 09 



Minisiry of Exlemal Atfar$ 



70 



35 



Home Secretaries' Talks 
10-1 1Aug, 2004 

Details of 20 major incidents of terror in Jammu and Kasbmir and othef 

parts of India caused by Pakistan basetj /iSI sponsored terrorist oulfits. 

Details of 21 major ten'orist modules busted in varlous patts of India 

revealing invoivement of Pakistan based/ISI sponso reo terrorist outfits. 

List of 12 known Itaining camps in Pakistan /Pakistan occapied Kashm'ir 

used by terrorist outfits along with map. 

List of 31 communication control stations in Pakistan/ Pakistan occupied 

Kashmir used by terrorist Outfits along witti maps, 

List along with details of 25 most wanted fugitives from law In India wlio are 

fesiding in Pakistan, 

Sample oases stiowing invoivement of ISI and Pak nationals in circulalton of 

Pake Indian Currency Notes (FlCNs)inlo India. 

List of 257 Pakistan! nationals and foreign mercenaries kiiled in Jammu and 

Kashmir as daimed by terrorist outfits based in Pakistan/ Pakistan occupied 

Ka^mir. 



Jaruaty 09 



Mlnislrv ri Extemal ARars 



71 



Home Secretaries' Talks 
29-30th August , 2005 



List along with details of mos! wanted tugitiveii from law in India wtio are 
residing in Pakistan: Dawood Ibrahim Kaskar @ Sfialkh Dawood Hasan @ 
üawooJSabn (Indian), MemonAyub Abdul Razak (Indian). Memon Ibrahim® Tiger 
@ Mushlaq @ Sikander (Indian), Shaikn Shakeel @ Chhola Shakeel (tndiani, 
Ibrahim Atnar @Ahmed Ali Mohd Ad Sneikh @ SiddiQui Javed @ Chief @ AÄ SheiKh 
@ Jbrahim (PÄRy.Ainar Vusüt @ Mohö. SaiimiPAKJ, MislfjZahur Ibrahim® Bhofa 
PAK). Sayeed ShahidAkhlar@Doctor@ Moll Khalid (PAK). ShakirMd @ 
Shankar @ Raiesh Gopal Vermaiffl Rani Gopal Verma @ Farooq Abdul Aziz Eiddiqi 
(PAK), -Isnaq Atla Hussain @ Ah Moosa (Indian), Sagir Sabir Ali Shaikh (Indian), 
Mautana Mohammad Masood Azhar AIvi @ Maulana MasQod Azhar @ Vah Adam Isa 
(PAK), Mohd. Yusuf Shah @ Salauddin (Indian), Gajinder Singh @ GAjinder Singh 
Khalsa (Indian), l,akhbii Sinah @ Singh Lakhbir Rodetg Singh Lakhbir (Indian), 
Paramjil Singh Panjwar @ Paramjil Pamma @ Gian Srngh (rndian). Ranjii Singh @ 
Manpreet Singh @ Neela (Indian). Wadhawa Singfi (Indian). Anwar Ahmed Haji 
Jamal TheDa (Indian), Anis Ibrahim Kaskar Shaikn (Indian). Mohammad Atviied Dosa 
(Indiari), Amanuliah Khan (PAK), Aflab Batki (PAK), Abdul Rauf (PAK), Javed Palel© 
iaved Chikna @ Javed Dawood Tailor (lndian),Kanmulla Habib Shaikh ( Indiar), 
Slaim Abdul GaniGaztOndiam, RiyazAbu Bakar Khaln (Indian), Munaf Abdul Majid 
Halari ( Inäian), Mohd. Tainu; Mobo. Phansopkat Salim Mujahid (Indian). 



Januaiy 09 



Uinistry d Erlemal Affairs 



72 



36 



Home Secretaries' Talks 
30-31st May, 2006 

Details of recent major incidenls of terror in J&K and other parts of India 

caused by Pakistan /Pakistan occupied Kashmir-based/IS! sponsored 

terrorisl outfits. 

Details of recent major terrorist moduies neutmlised in various parts in 

India tevealirrQ involvement ol Pakistan/Pakistan occupied Kasnmii- 

based/ ISI sponsored terrorisl outfits. 

Profile of a ISI element involved in narcotic smuggling and pushing in of 

fake Indian currency for terrorist actions. 

List of known major training camps in Pakistan / Pakistan occupied 

Kashmir and Nortfiem Areas used by terrorist outfits along witfi maps. 

List of communication Control Stalions in Pakistan' Pakistan occupied 

Kasfimir used by terrorist outfits along wilfi map. 

List (of 35) along witfi details of most wanted fugitives from law in India 

who are residing in Pakistan. 

List of Pakistan and foreign mercenanes recently killed/ arrested in IrwJia. 



Jsnuary 09 



Miitistry of Exlemal ARairs 



73 



Foreign Secretaries' 
14-15thNov, 2006 

• Document handed over by Indian Foreign 
Secretary to Pakistan Foreign Secretary on 
14th November, 2006 regarding Paitistan 
links to : 

• Varanasi twin blasts on March 7, 2006 

• Delhi Serial Blasts on October29, 2005. 

• Suicide bombing at STF Office, Hyderabad on 
Oct12, 2005. 

• Terrorist attack at Ayodhya on July 5, 2005 



January 09 



Miniary cA Extomal AHaifs 



74 



37 



I Meeting of JATM 
6th March, 2007 



Delails o{ 35 Red Corner Notice Sut»ecte residing in Pakistan 
already shared with the Pakistan) side at Home Secretary Talks on 
Counter Terrortsm and Drug Trafficking (30th -31st May, 2006). 
A document containing details of following 12 cases was handed 
over: 

Deportation of Mohammad Falsal Naeem from Bangladesh lo Pakistan. 

Haren Pandya murdar case 

Explostons In public transport buses in Ahmsdabad. 

Sukide bombing at Special Task Force (Hyderabad Police) otfice 

Recovery of arms, ammunition and explosives in Aurangabad 

Fidayeen attack on Congress rally in Srlnagar. 

Grenada attacks on tourists In Srlnagar 

VIolence carried out by Mohammad Amin Baba of Hlzb-ui-Mujah Ideen 

Ptanting of improvised explosive devices in Baramulla, JSK 

Attack on security torces at Boniyar, Baramulla, J&K 

Escape o< Ghuiam Rasool Shah from potice custody. 

Serial blasts in Mumbai local trains 



Janua/y 09 



MInIstry Ol Exisinal ARairs 



75 



Home Secretaries' Talks 
3-4 July, 2007 

Details of recent major incidents of terror in J&K and olher parls of India 

caused by terrorist outfits based Jn Pakistan/ Pakistan occupied Kashmir. 

Details of recent major terrorist modules exposed In J&K and olher parts 

of India reveallng involvement of terrorist outfits based in 

Pakistan/Pakistan occupied Kashmir 

Specific cases of involvement of elemenis in Pak Intelligence 

establishment in fomenting anti-lndia activities including terrortsm, 

narcotic smuggling, circulalion of FICN. etc. 

List of known major traming camps in Pakistan /Pakistan occupied 

Kashmir & Northern Areas used by terrorist outfits along with maps. 

List of Communication Control Slations in Pakistan/Pakistan occupied 

Kashmir used by terrorist outfts along with map. 

List along with detads of most wanled fugitives from law in India who are 

residing in Pakistan. 

List of Pakistani and other foreign terronsis recently kille d/arresled and 

their involvement in terrorist activites in India. 



Januaiy 09 



MlnisUy of Eitemal Alfairs 



m 



3t 



II Meeting ofJATM 
22nd Oct, 2007 

Document handed over by tndia containlnq information based an 
Interrogalion on ihe following Muhammad vojrias @ Bilal of Lashtsat-e- 
Tawaba. Abdullah® Asgar Ali of Lashkar-e-Tawaba Wuzaftar Ahmed Ratfier @ 
Rafi of Lashkar-e-Tayyaba, Muhammad Bilal@ Zubair ofJaish-e- Muhammad, 
Adnan Younis Bhatli® Muhammad SohailAfzalolJaish-e-Muhammad, Jalaluddin 
Mulla@ Babu Bhai of Harkat-ul-lslanii, Muhammad Naushad of Harkat -ul-Jehad- 
al-lslami. Nastr Hussain o( Harkat-ul-Jehad-al-lslami, Muhammad Yaqub ot 
Harkal-ul-Jchad-al- Islam i, She^kh Mukhtar Hussain of Harhal-ul-Jehad-al-lslaini. 
Muhammad Ad Akbar Hussain of Hatkal-ul-Jehad-al4slami, Muhammad Yasin @ 
Abu Saraka of Lashhat-e-Tayyaba. Akhtar Teil @ Ak hl ar-al- Islam of Lahkar-e- 
Tayyaba. Mubarak Ahmed Wani of Hizb-ul-Mujanideen. 
informaiion gathered in the Investigatlons of the (oltowing events: Atlack on 
Mangal Ram Shanna(e>!-Dy.CM) Snnagar on 13-07-2004, Terrorist a IIa ck on 
Prime Minister's meeling - Snnagar on 17-1 1-2004, Terrorisl Allack on Bombay - 
Gujrai Motel Srinagaron 29-07-2005, Tenorisl allack on M.Y Tarigami (MüVCPM) 
and assassinatlonof Ghulam Nabi Lone (Ex-MOS. Education) on 18-10-2005. 
Terrorisl altack on CRPF Camp, Nageen, Snnagar, Terrorisl atlack on Firdaus 
Cinema Hall- Srinagaron 23-11-2005 and Robbery alJSK Bank in Srinagaron 
30-11-2005, 

Aconsolidatedlist of 4S<absconders wartedin Mumbai BlasICases 1993 + 
Hijackers of IC-814 ■•■ Altackers of Parllament * Sikh Terrorists * Accused involved 
in illegal amns smuggling + Othet activities) was handed over 



January 09 



Ministry of Exlfimal Aflaira 



77 



IM Meeting OfJATM 

24th June, 2008 

Document handed over containlng Information based on the 
inlerrogation of: Imran Shahzad @ Abu Shama of Lashkar-e-Tayabba, 
Muhammad Farooq Bhatti @ Abu Zaar of Lashkar-e-Tayabba. Sabahuddin 
Ahmad @ Fartian of Lashkar-e-Tayabba, Muhammad Sharef @ Suliail of 
Lashkar-e-Tayabba involved in the Attack on CRPF camp at Rampur- 
Januray 01, 2008 

Nissar Ahmad Bhat ® Gazi Misbahuddi of Hizbul Mujahideen and Tajamul 
Islam @ Asif of Hizbul Mujahideen involved in the Terrorist strike by 
Lashkar-e-Tayabba (LeT) at Samba, J&K 

Muhammad Abid @ Safdar of Jaish-e-Muhammad, SaifuI Rehman @ Yusuf 
Khan of Jaish-e-Muhammad, Mirza Rashid Beig @ Raja of Jaish-e- 
Muhammad inYolved in a Plan to kidnap a potitical personality 
Saqib Aziz Malik @ Abu Sayeed of Lashkar-e-Tayyaba, Tafeem Akmal 
Hashmi @ Feema of AI Baaar. Qurban Ali @ Zubair of Hizbul Mu|ahideen 
and Zafar Iqbal Sudan@ Rehman of Jaish-e-Muhammad Involved in an 
explosion in Shrlnagar Cinema Hall, Ludhlana, Punjab on 14-10-07 

List of terrorists of Lashkar-e-Tayyaba (LeT) killed in India - as Claimed 
in JlD/ LeT periodicals. 



January 09 



Minlslry ot Exlemal Aflairs 



7B 



n 



Special meeting of JATM 

24-10-2008 

Document handed over by India containing informatlon based 
on the intecTogation of 

Karimullah Osain Khan @ Karimullah Habib of Dawood IbraNm 
Gang (Karimulla has connrmed presence of 14 criminals accused in 
Bombay blasts in 1993 in Karacni, Pakistan) 

Raziuddin Nasir @ Abdul Rehman of Lashl<ar-e-Tayyaba (LeT) 

Muhammad Fahad @ Nedulhanni @ Muhammad Koya of AI Badar 

Muhammad Ali Hussain @ Jehangir @ Kasim of AI Badar 

Muhammad Imran Butt @ Umar Saani of Lashkar-e-Tayyaba (LeT) 

Sikander Azam Sani Butt @ Abu Hurrera of Lashkar-e-Tayyaba 

(LeT) 

Muhammad Hashim Khan @ Darvesh of Harkat-ul-Mujahideen 

(HuM) 

Leads on attack on Indian Embassy in Kabul on 7th July, 2008 



January 09 



Ministty of Extemal Aflaira 



7B 



Home Secretaries' Talks 
25-26 Nov 2008 

Details of 32 Indian and 10 Pakistani 
fugitives and who are based in Pakistan 
handed over. The üst contains the names 
of fugitives like Dawood Ibrahim, Masood 
Azhar, Tiger Memon, and others. 



January 09 



Mii^slry of Eulemal Affaiis 



SO 



40 



Sample of Responses given by 

Pakistan to evidence shared during 

meetings 

Investigations so far have not yielded anything 
linked to attack on the Embassy being present in 
Pakistan (Special Session of JATM) in October 
2008 

On the evidence given on Statements and 
Operations of JeM, LeT, JuD, the Pakistan) 
response was that all these groups were banned 
or under watch in Pakistan. 

LeT & JeM have aiready been banned in 
Pakistan 



January 09 



Minislry Df Exlemal AHaiis 



81 



SECTION - IV 



Janusry 09 



MinMry ol ExlBinal Aflalrs 



B2 



41 



IV. Pakistan's Commitments and 
Obligations 

Bilateral, International, and Multilateral 
commitments obligate Pakistan to act 
against Terrorism emanating from its 
territory. These are listed in the following 
Südes: 



January 09 



MJnIsity of Exlemsl Aflair^ 



83 



Bilateral Commitments 

President Musharraf assured Prime Minister 
Vajpayee that he will not permit any territory 
under Pakistan's control to be used to Support 
terrorism ir) ar)y manner. [Joint Statement of 6**^ 
January 2004] 

President Zardari reassured Prime Minister 
Manmohan Singh that the Government of 
Paltistan Stands by its connmitments of January 
6, 2004, not to permit any territory under 
Pakistan's control to be used to support 
terrorism in any manner. [Joint Statement of 
2A^ September 2008] 



Jaruaiy 09 



Minisliy Ol Exlemal AtTaiis 



M 



42 



International Obligations 



International Convention for the Suppression of 

Terrorist Bombings, 1997. 

- Articie 2 makes il an offence lo detonate an explosive in or 
against a place of public use, a slate or govt. facilily. Any person 
who participates as an accomplice is also covered as an 
offender. 

- Under Articie 7 a State which receives informalion about such 
offender is required to take measures to ensure iiis presence for 
prosecution or extradition, 

- All persons who participated in or contributed lo the (errorist 
altack are covered under this Convention. 

- Pakistan as a State Party is required to extradite or prosecute 
such offenders and also prouide mutual legal assistance in 
investigation or prosecution. 



Januaty 09 



MInistry Df ExlemBi Affsiis 



International Obligations 

International Convention Against the 
Taking of Hostages, 1979. 

- Applicable as the terrorists had taken 
hostages and murdered therm later. 

- Pakistan as a State Party is obliged under this 
Convention to cooperate in investigations 
including extradition. 



Januajy 09 



Ministry o( External Affars 



86 



43 



MULTILATERAL OBLIGATIONS 

The SAARC Convention on Suppression 
of Terrorism, 1987 

- Mumbai attack is covered under it as a 
terrorist act. 

- The Convention requires States Parties to 
provide mutual legai assistance and has 
provisions for extradition. 



January 09 



Minislry ot Eilemal Altars 



87 



MULTILATERAL OBLIGATIONS 

Additional Protocol to tlie SAARC Convention 
on Suppression of Terrorism, 2004 [entered 
into force on 12"^ January 2006] 

- Has provisions related to suppression of financing of 
terrorism (similar to UN Terrorist Financing 
Convention). 

- Pakistan is required to tal<e measures to freeze funds 
used for committing ten-orist attacks. 



January 09 



Ministty of Eidemal ANairs 



88 



44 



SECTION-V 



JamiBry D9 



Wnisiry ol Extemal Aflaits 



89 



V. What Pakistan should do 

Thrs was a conspiracy launched from Pakistan. 
Gaps in Knowledge can be filled by investigation 
and interrogation of conspirators there. Some of 
the actions that India expects Pakistan to 
undertake in extending Cooperation to bring the 
terrorists to justice are iisted in the foKowing 
silde. 



Januaiy 09 



Ministry of Eulemal Affairs 



W 



45 



What Pakistan should do (2) 

Handover conspirators to face justice in 
India. 

Handover fugitives from Indian law based 
in Pakistan. 

Dismantle infrastructure of Terrorism 

Prevent Terrorist acts from Pakistan. 

Adhere to and Implement bilateral, 
multilateral and international obligations. 



January 09 



Minislry ol Eiremsl Atlairs 



91 



46