Expressing "serious disappointment" over the US submission that Pakistan's intelligence agency ISI be accorded "immunity" in the case related to 26/11 filed by the relatives of victims of Mumbai terror attack, India today said it was a "matter of deep and abiding concern."
India, which raised its concerns on Monday with the US State Department after being informed of the US' view, also asserted that it cannot be that any organisation, State or non-State that sponsors terrorism enjoys immunity.
Reacting to the US decision, official spokesperson in the Ministry of External Affairs said, "We have noted that the US Department of State has taken the position in a US Court that the Pakistani ISI be accorded immunity from the civil suit on the Mumbai terrorist attack of November 26, 2008.
"For India, it remains of vital importance that justice is done and that those who organised and perpetrated this horrible crime be brought to justice, irrespective of the jurisdiction under which they may reside or be operating. It cannot be that any organisation, State or non-State, that sponsors terrorism enjoys immunity.
"Our position has been made known to the United States consistently .
"India is not a party to the civil suit filed in the Eastern District Court of New York. The details of what was conveyed to the Court by a sovereign Government are a matter for that Government to explain.
"From our perspective, this decision is a matter of deep and abiding concern. The leadership of the US has publicly stated its commitment to counter terrorism, to dismantle terrorist infrastructure in Pakistan and to bring those responsible for the Mumbai terror attacks to justice. In this context the decision of the US authorities in this case is a cause of serious disappointment."
The US authorities have submitted before Eastern District New York court that Pakistan's ISI and its former chiefs Ahmed Shuja Pasha and Nadeem Taj "enjoy immunity" in a case related to the 26/11 attacks filed by American survivors and relatives of victims of the Mumbai terror strikes.
"In the view of the United States, the ISI is entitled to immunity because it is part of a foreign state within the meaning of the FSIA (Foreign Sovereign Immunities Act)," it submitted.