NEW DELHI; Dec. 27—The Indian Government said tonight that it would consider the holding of war‐crimes trials of Pakistani military personnel charged with “heinous crimes” in East Pakistan.
The Indians—to whom the Pakistani forces in East Pakistan surrendered Dec. 16 after the two‐week war there—had indicated earlier that they would go along with warcrimes trials of civilians who had collaborated with the Pakistani Army forces in the East. But this is the first time a high Indian official has talked about such trials for members of the Pakistani forces themselves.
Foreign Secretary T. N. Kaul was quoted as having said this evening, at a briefing that was not open to foreign newsmen, that New Delhi would consider any request by the Bengali secessionist government to try military personnel “for any heinous crimes” committed outside the performance of their duty.
Mr. Kaul's remarks were reported by The Press Trust of India, a Government‐controlled news agency, whose representative was present.
Under the usual rules for Mr. Kaul's briefings, his remarks cannot be attributed to him, but must instead be identified as having come from “official sources” or “official circles.” The Press Trust of India said that the usual rules applied at tonight's briefing, and its report cited “official sources.” Independent Indian sources disclosed, however, that it was Mr. Kaul who had given the briefing.
Geneva Convention Cited
According to the news agency's report, Mr. Kaul said that while India took responsibility under the Geneva Convention for the protection and repatriation of the approximately 300,000 surrendered Pakistani regulars and paramilitary personnel, in his view the convention did not provide soldiers with immunity from prosecution for atrocities and other such crimes, unless they were committed under orders, in the performance of duty.
The Foreign Secretary said, according to the agency's report, that it was up to the Bangladesh government — the administration set up by the East Bengali secessionist leaders — to do the investigating and to turn over any evidence of such crimes to the Indian Army.
The news agency report did not make clear who might try the accused Pakistani soldiers, but the implication was that it would be the Bengali administration.
Mr. Kaul said it was expected that the Bangladesh government would bring its charges against the Pakistani troops expeditiously, so that repatriation would not be held up.
Mr. Kaul's briefing today was arranged by invitation—several Indian newsmen were called by telephone and asked to attend. No representatives of foreign news organizations were informed.
The Foreign Secretary's remarks seemed to run counter to the spirit of the promises given by India's army commander, Gen. S. H. F. J. Manekshaw, in his call Dec. 15 to the Pakistani troops to surrender.
In that message, addressed to Lieut. Gen. A. A. K. Niazi, the Pakistani commander in East Pakistan, General Manekshaw repeated a pledge “that I would guarantee safety of all your military and paramilitary forces who surrender to me in Bangladesh and complete protection to foreign nationals, ethnic minorities and personnel of West Pakistan origin, no matter who they may be.”
‘Dignity and Respect’ Pledged
“I give you my solemn assurance,” he said, “that personnel who surrender shall be treated with dignity and respect that soldiers are entitled to and I will abide by the provisions of the Geneva conventions.”
There was no hint in General Manekshaw's surrender call that the Indian Army might hand over either civilian collaborators or Pakistani military personnel to the secessionist regime for war‐crimes prosecution.
However, evidence of widescale atrocities and massacres by Pakistani troops and collaborators against the Bengali population has been confirmed by foreign diplomats and other independent observers in East Pakistan. Diplomats generally agree that hundreds of thousands of Bengalis were killed during the nine months of military repression, which began last March in an attempt to end the Bengali autonomy movement.
The Bengali desire for revenge is running extremely high, and the Indian authorities may view the holding of some war‐crimes trials as way of satisfying the public passion for retribution.