740.00119 PW/1–2346

Memorandum of Conversation, by Mr. Albert H. Garretson, Assistant to the Legal Adviser (Hackworth)

Participants: Sir Girja Bajpai, Indian Agent General;
Mr. Vincent, FE,
Mr. Garretson, Le

Sir Girja Bajpai called on February 2 to advise the Department informally that his Government had instructed him to refer to the Far [Page 400]Eastern Commission the question of the Indian request for the inclusion of an Indian judge on the Far Eastern International Military Tribunal. Sir Girja indicated that his Government was dissatisfied with the Department’s reply of January 23, 1946 to the Indian Agency General’s note of January 4 requesting that the Indian Government should nominate a judge and be entitled to equal representation on the tribunal. Sir Girja stated that he did not want to request that the matter be placed on the agenda of the Far Eastern Commission without advising the Department and it was replied that there was no reason why this step could not be taken if the Indian Government wished to do so.

Sir Girja also indicated that although he had not heard from his Government, it was probable that the Indian appointment of an associate prosecutor might be withheld pending discussion in the Far Eastern Commission of the nomination of a judge. That the early appointment of an Indian prosecutor would permit his full contribution to the planning and preparation of the trial was pointed out, and Sir Girja stated that he would again mention this matter to his Government.