While insisting that Pakistan must take steps to dismantle LeT and support India's efforts to counter this terrorist threat, it told the federal court: "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)."
"Furthermore, the Department of State has determined that former Directors General (of ISI) Pasha and Taj are immune because plaintiffs' allegations relate to acts that these defendants allegedly took in their official capacities as directors of an entity that is undeniably a fundamental part of the Government of Pakistan," Stuart Delery, Principal Deputy Assistant Attorney General, said.
"Because foreign sovereign immunity and foreign official immunity provide an adequate basis upon which to dispose of this case with respect to the ISI and former Directors General Pasha and Taj, the United States takes no position on the political question doctrine issues that are also presented in this case," he said.
Delery stated this in a 12-page affidavit, which was submitted to the court on December 17, in response to the case filed by relatives and family members of the American victims of the Mumbai terrorist attacks.
Claiming that the ISI of Pakistan was involved in the planning and execution of the Mumbai terrorist attacks, the American survivors of the strikes and family members of the victims had filed their case against Pasha, Taj and other ISI officials, besides the LeT leaders, including its founder Mohammed Hafiz Saeed and its operations commander Zakiur Rahman; and Sajid Mir and Azam Cheema.
In fact as many as four identical court cases were filed, including one by Linda Ragsdale, a resident of Tennessee who was shot in her back by one of the LeT terrorists at the Oberoi Trident hotel in Mumbai. (More)