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Old Saturday, January 17, 2009
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Default About the dossier

Ejaz Haider
Saturday, January 17, 2009
History, geography and realpolitik have created a situation in this region. There is no single "culprit" state or entity here. Everyone is to blame. No single state can deliver or be made to deliver

India wants Pakistan to punish the culprits of Mumbai. Pakistan should. But hard action requires more proof because, as I mentioned earlier, the ultimate forum to decide the fate of any alleged “terrorist(s)” is a court of law. Here’s what is available to us through the Indian dossier.

Items recovered from the trawler, MV Kuber, show the attackers came from Pakistan because all the items they used were made in Pakistan. Does that really “prove” anything? If, let’s assume, they were breakfasting on Kellogg’s muesli, which is available in Pakistan and most certainly in India, and is imported from Dubai, what would that mean — that they belonged to the United States or Dubai?

Please remember that this case is ultimately to be decided by a court of law as a criminal case and the burden of proof, therefore, rests on the prosecution, not the defence.

The Indian dossier says the attackers used Arges-manufactured hand grenades. Entry 46 in the dossier reads: “Inquiries have revealed that Arges Company had given a franchise to manufacture hand grenades to a Pakistan Ordnance Factory near Rawalpindi. Similar hand grenades were used in serial blasts that shook Mumbai on March 12, 1993 and in the attack on the Parliament House...” (Please note the “a” before POF; are Indian intelligence agencies unsure of where POF is located?)

Simple Googling, as opposed to this “hard evidence” through painstaking sleuthing, reveals the following:

“Rheinmetall Waffe Munition Arges GmbH is a component of the Weapon and Munitions division. Located in Schwanenstadt, Austria, this subsidiary of Rheinmetall Waffe Munition GmbH is a world leader in the field of 40 mm ammunition.

“The company manufactures a wide array of 40 mm low-velocity cartridges for a variety of effects.

“Moreover, Rheinmetall Waffe Munition Arges GmbH is a longstanding maker of offensive, defensive, and practice hand grenades and hand grenade components, enjoying a global reputation for excellence.” (See http://www.rheinmetall-detec.de/inde...ng=3&fid=3313).

On the left side of the company’s homepage are thumbnails and one is titled “Locations Worldwide”. Click on it and what does one find? Under Asia, Arges lists its presence in four countries: India, Malaysia, Singapore, and the UAE. Interesting! (See http://www.rheinmetall-detec.de/inde...id=610&lang=3). So, yes, while POF manufactures Arges-designed hand grenades, so do entities in many other countries.

Another piece of evidence is the 9mm pistols on the attackers. Entry 45 in the dossier reads: “The 9 mm pistols that were recovered from different scenes of the crimes bore the marking of ‘Diamond Nedi Frontier Arms Company, Peshawar’. (Peshawar is in Pakistan).” Even Charlie’s aunt knows where Peshawar is located.

But here are some questions. Let’s suppose the attackers were using Beretta 9mm pistols. Would they have come from the US? They also used AK rifles; AK and its versions are manufactured by more than a dozen countries and used by almost anyone who wants a robust, reliable, easy to strip and assemble weapon that will fire and will not jam even in really bad field conditions.

Which brings me to the point about the captured 9mm pistols. Anyone who uses firearms knows that while a revolver will never jam, given that it has no mechanism beyond the cylindrical block aligned with the cocking hammer which, when pulled back, revolves the cylindrical block, a pistol is a different story. It has many parts within its bolt assembly which slides back and forth during firing and ejects the cartridge. The action of so many parts makes pistols — both semi- and automatic — susceptible to jamming and therefore the bolt assembly must be machined very fine. One of the problems with locally-made pistols and AK and other replicas in the arms bazaars of the NWFP is that the bolt assembly cannot be machined to the degree of finesse one finds in foreign pistols (Colt, Beretta, Luger, Llama etc).

Why would the attackers who needed the robust AK rifles at one end trust desi 9mm pistols when they could get far more sophisticated pistols? Money could not be a problem for someone mounting this kind of operation. Even the Chinese Norinco pistols (NP-17, for instance, which is a replica of the Russian Tokarev) are easily available in Pakistan. Indeed, violence in Karachi has seen warring groups use the infamous TT (Tokarev) pistols.

Let’s assault the issue from another angle and assume they did pick up the 9mms from Peshawar. For attackers and operatives who were so discreet as to use a virtual number and five DID (direct inward dialling) numbers located in Austria to make calls for which payments were to be made from an address in Italy through Western Union Transfer, it seems surprising to carry pistols that said “we are from Peshawar”. (For details on “Telephone Links”, see Entry 52 in the Indian dossier.)

And, if it is to be assumed that the attackers were sophisticated at one end of the spectrum and idiotic at the other, could it be that they wanted to leave clues that would lead to an India-Pakistan confrontation? And could that be for the reason mentioned in my response to the Indian theory rather than the Indian construct of that theory? (See first part.)

It is interesting also to note, when one argues about what was left behind on MV Kuber and other evidence that allegedly points to Pakistan, that the operation after all was not as sophisticated as India claimed and for which reason it implies that the ISI must be complicit in it.

It should be clear that at one end, the defence could give the prosecution a hard time by questioning this evidence. That is one reason to get evidence which is credible.

That brings me to the issue of Pakistan’s offer of joint investigations. Why is India averse to it if it wants Pakistan’s cooperation? There can be many reasons, one being that heads may roll within India because much of it could lead to sources inside India, as also the question of why the MV Kuber could not be intercepted through its nearly 500 nautical mile journey while the Indian Navy was exercising in the area.

But more than that, perhaps, it seems that it is clear to India that pinning the alleged “culprits” down in a court of law is very difficult. Hence the political-diplomatic angle. Put enough pressure on Pakistan to do what India wants it to do. Lock up people, entities, etcetera regardless of due process. This is the same approach to problem-solving as the United States’. It did not work for the US and it would not work for India.

History, geography and realpolitik have created a situation in this region. There is no single “culprit” state or entity here. Everyone is to blame. No single state can deliver or be made to deliver. Before it degenerates to Hobbes’ bellum omnium contra omnes, states need to begin to address the issue holistically rather than taking a snapshot view of this or that episode.
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