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Is David Hicks 'too hot' a potato for Delhi?

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B
efore there was a Control Order in place for David Hicks, Robert Ellis, Travancore wrote in The Age:

“… David Hicks is lucky he fell into the hands of the Americans. If he had been kept by the Afghans or the Pakistanis, or got up to his extracurricular tourist activities in Russia, China, Libya or Syria, Hicks would have faced a bullet. It was interesting to see the Rudd Government support the Australian Federal Police in their application for a control order.”

One could not agree with Robert Ellis more, if one were to examine Indian government’s position on Hicks, in light of what he is alleged to  havedone in Kashmir. Allegedly a self-confessed terrorist who has committed crimes against the government of India in Kashmir, so far Hicks has been shown no exigent urgency by New Delhi to come and get him.  Sure he is really lucky.

In his own words, Hicks (in another letter to his father Terry Hicks, released to the public only recently) wrote:

(From a range of letters written by David Hicks in 2000 after training in Pakistan.)

Dear family I spent around three months in a muslim military training camp in the mountains.I learnt about weapons such as ballistic missiles, surface to surface and shoulder fired missiles, anti aircraft and anti-tank rockets, rapid fire heavy and light machine guns, pistols, AK47s, mines and explosives. After three months everybody leaves capable and war-ready being able to use all of these weapons capably and responsibly.

That night we crossed the LOC (thought to be Line of Control in Kashmir) four people each with rocket propelled grenades 200m from a bunker holding two soldiers. I hope one (soldier) was the same one who killed the two civilians. (from an incident earlier witnessed in which Indian soldiers killed civilians)

There is a very heavy war in the north (of Afghanistan) I have arranged to go to the front. Between my experience in Kosovo, now Kashmir, slowly I am becoming a well trained and practical soldier. As a muslim we believe in destiny that when it is my time then so be it. If it is my time that is called martyrdom I will always fight for Islam.

The Christians and Jews are fighting the Muslims. As a practicing Muslim with military experience I can go to help in any of those conflicts contacts are not a problem.

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Australia has an extradition relationship with India as a fellow member of the Commonwealth that could allow the transfer of a suspect in special circumstances.

The question now is what the Indian government wants to do about it.

If one were to believe its very vocal and avowed stance against terrorism, the Indian government practically has no choice but to seek David Hicks’s extradition to India for him to face the letter and the spirit of the anti-terrorism laws there.

Dr Gurdip Aurora, president of the oldest Indian community organization in Victoria (since 1963) says Hicks might have blood of Indian soldiers on his hands and ‘he will need to be tried under Indian law’.

When asked Should India seek extradition of David Hicks and have him tried in India?

Dr Aurora’s answer is an emphatic “Most definitely” yes.

The answer remains as emphatic even if the requested person is under some ‘restriction’ or control order. In other words, Mr. Aurora finds no basis for any reluctance on part of Indian government just because David Hicks is under some control/restriction order.

Although it is up to the government of India to take any action against a person accused of having committed a crime against their country, the feeling among the Australian Indian community seems to be that David Hicks should be answerable for what he has done.

Do they (the local Australian Indian community and its leaders like Mr. Aurora) have any role to play (in seeing through a process where an alleged terrorist is extradited to face justice) except make their sentiments known to the Indian missions here?

Dr Aurora says, ‘Local leaders can (only) make the Indian High Commission in Canberra know about their stand.

The question is what, if anything is the government of India doing about it. Ordinarily crimes are committed and the perpetrators run away. The authorities find it difficult in most cases to pin anyone down to bring them to justice. Not so in this case. David Hicks has himself documented his actions and those documents are very well on record in public domain. That should make the job of (at least) asking for David Hicks to face trial easy. Conviction may be a remote thing but there are confessions and statements made which give rise to at least initiate a process.

Bharat Times contacted the Ministry of Foreign Affairs, Government of India in New Delhi for its position on the issue.  After three days of deliberations with the office of Mr. Navtej Sarna, the spokesman for the Ministry of Foreign Affairs, Mr. Anurag Srivastava, of Mr. Sarna’s office informed Bharat Times that the ministry of Foreign Affairs was deliberating on the issue and a decision would be conveyed to BT as soon as it is reached.

Back in February 2007, the Deputy High Commissioner of India, Mr Vinod Kumar had confirmed sending reports of the American disclosures to New Delhi.

A report in The Weekend Australian on February 10, 2007 reported senior officials in New Delhi confirming ‘they were examining that material’.

11 months and there seems to be no official position on the issue as yet.

One wonders, if it is the complexity of the decision making process in New Delhi on matters of such seriousness  or a total lack of political will on part of the Sonia/Manmohan team.  Or

Could they be taking things which happened in the ‘past’ simply easy?

Whatever it may be, it is unacceptable especially  (if no one else) for the sake of the families of those soldiers killed, if killed with David Hicks’s bullets, are being unnecessarily made to wait further. Their wait has already been excruciatingly long – almost 8 years.

India has always taken a very firm stand against terrorism’ says Dr Aurora and would like the government of India to initiate the process as soon as practically possible.

 The Weekend Australian (February 10 2007) reported the official in New Delhi as saying:

"If Mr Hicks was involved with them at any level, and if he was indeed firing weapons at our troops, then, most certainly, we'd like to talk to him about it.

"We'd be interested to talk to anyone who has done that. We don't take kindly to attacks on our soldiers -- even attacks by people like Mr Hicks."

Empirically it is a nice position to state. The question is, WHEN?

Before going to print BT again spoke to the Deputy High Commissioner in Canberra Mr. Vinod Kuamr, who confirmed he did not have New Delhi’s position on the issue.

Enjoy the game of cricket if I may say, between the two nations in the right spirit of the sport, the best you can, before the bureaucrats in Delhi and Canberra pad up to come to crease!

                                 
by DM

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