Foreign Relations of the United States, 1969–1976, Volume E–8, Documents on South Asia, 1973–1976

143. Message From the President’s Assistant for National Security Affairs (Kissinger) to Pakistani Prime Minister Bhutto¹ ²

Washington, August 22, 1973.

As you know, we have been using our influence with India in order to bring a humane and just solution to the recent war. While we are not familiar with all the details of the current negotiations, we have been reliably told that the following scheme might be acceptable:

• —India is prepared to release all Pakistani prisoners presently being detained except for the 195 which Bangladesh wishes held for war crimes trials.
• —Bangladesh would release 260,000 non-Bengalis for resettlement in Pakistan, in exchange for 250,000 Bengalis from Pakistan, including the 203 Bengalis presently being held by Pakistan for treasonable activities.
• —If Pakistan were to accept this offer, India would continue to hold the 195 in detention in India pending agreement between Pakistan and Bangladesh on recognition and on their disposition. Thus obviously they could not be turned over to Bangladesh without Pakistan’s concurrence.

It is our strong impression that India would not turn over the 195 prisoners to Bangladesh. Indeed, they anticipate that this two-stage process would lead to an early release of the 195 to Pakistan in the context of a negotiation on recognition.

I have made it very clear that if Pakistan were to accept this offer and the 195 prisoners were subsequently put on trial anyway, it would have the most serious effect on relations between the United States and India.

I wanted you to have this information while the current negotiations are still going on. I would appreciate it if you could hold it in strictest confidence. If you would let us know your reaction, I will know how to conduct myself should new inquiries be made. We have taken no position at all on this proposal except that we would submit it to you.

Your reply should be made through the same channels as this message, or through your ambassador, since the existence of this proposal is not known in any official channels.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 1030, Presidential/HAK MemCons, HAK/Amb. Jha to Amb. Kaul of India. Top Secret. The message was sent as cover to a August 22 letter, not printed, from Kennedy to Ambassador Khan.
2. Assistant to the President for National Security Affairs Kissinger passed a letter to Prime Minister Bhutto (via Ambassador Sultan Khan) recommending a course of negotiations with the Indians for the release of Pakistani prisoners of war.