Where is Kulbhushan Jadhav? India Says, No Clue, Appeals Against Death Sentence
In this photograph taken on March 29, 2016, Pakistani journalists watch a video showing Indian national Kulbhushan Yadav, arrested on suspicion of spying, during a press conference in Islamabad. Pakistan will execute an Indian man arrested in the southwestern province of Balochistan last year who officials claim has confessed to being a spy for Indian intelligence, the country’s powerful military said, April 10. The man, named by the army as Kulbushan Sudhir Jadhav who also goes by the alias Hussein Mubarak Patel, was found guilty by a military court and sentenced to death. (Aamir Qureshi/AFP/Getty Images)
@Siliconeer #Siliconeer #India #Pakistan #IndoPakRelations #KulbhushanJadhav – India has no information on retired Indian Navy officer Kulbhushan Jadhav’s location in Pakistan or his condition, the external affairs ministry said April 13. India said, April 14, it would appeal against the death sentence to Kulbhushan Jadhav and demanded from Pakistan a certified copy of the charge-sheet as well as the army court order in the case, besides seeking consular access to the retired Indian navy officer. Meanwhile Bollywood veteran Rishi Kapoor, and Randeep Hooda have condemned Pakistan’s decision to award death sentence to alleged Indian spy Kulbhushan Jadhav.
The request for appeal was conveyed by Indian High Commissioner in Islamabad Gautam Bambawale to Pakistan Foreign Secretary Tehmina Janjua during a meeting sought by him.
“We would definitely go to appeal against the judgement but we cannot do it unless we have the details of charges and the copy of verdict. So, my first demand was to provide us the details of the charge-sheet and copy of the verdict,” he said.
Expressing disappointment over Pakistan turning down India’s request for consular access to Jadhav, the Indian envoy said, “They have denied our request for consular access 13 times (in the last one year). I have forcefully asked for consular access on the basis of international law and on humanitarian grounds as he is an Indian national.”
Apart from diplomatic options, India is also exploring legal remedies permitted under Pakistan’s legal system.
Bambawale also said that he has no information about former Pakistani army officer Mohammad Habib who reportedly went missing from Nepal. Pakistani officials suspect that Indian spy agencies were behind his disappearance.
Foreign Secretary Janjua said the trial against Jhadev was conducted under the Pakistan Army Act 1952 and Official Secret Act of 1923, according to a statement.
She said that during the period of trial, “due judicial process was followed and he was provided a lawyer in accordance with relevant laws and the constitution of Pakistan.”
Janjua alleged that the Pakistanis “incarcerated” in Indian prisons have not been provided consular access for years, despite repeated requests and follow-up by the Pakistan High Commission in New Delhi.
She said the “rhetoric in the Indian Parliament was unwarranted and only added to fuelling hatred against Pakistan which was not conducive for promoting cordial ties between the two countries, in accordance with our Prime Minister s vision for peace in the region.”
The death sentence to Jadhav, 46, was confirmed by army chief General Bajwa after the Field General Court Martial found him guilty of “espionage and sabotage activities” in Pakistan.
Pakistan claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was “a serving officer in the Indian Navy.”
The Pakistan Army had also released a “confessional video” of Jadhav after his arrest. However, India denied Pakistan’s contention and maintained that Jadhav was kidnapped by the Pakistan authorities.
India had made it clear to Pakistan that given the circumstances of the case, absence of any credible evidence to substantiates the concocted charges against Jadhav, farcical nature of the proceedings against him and denial of consular access to him, the people and the government of India will consider carrying out of the army court verdict as a “premeditated murder.”
Pakistan, April 14, rejected India’s accusation that there was no credible evidence against Jadhav, and warned that “inflammatory” statements over his death sentence would only result in escalation of tension in the bilateral ties.
Pakistan Prime Minister’s Advisor on Foreign Affairs Sartaj Aziz said that due process of law was followed in Jadhav’s trial.
India had earlier criticised the Pakistan government for not sharing Jadhav’s location and details of his condition and said that the international norm to provide consular access was not followed. India and Pakistan have a bilateral agreement on consular access.
Meanwhile, there was no official confirmation on reports of India asking its high commission in Pakistan to go slow on visas to Pakistan nationals in wake of the development.
Pakistan’s army chief General Qamar Javed Bajwa approved the execution of Jadhav, 46, April 10, after a military court found him guilty of “involvement in espionage and sabotage activities” against the country.
Baglay criticised the Pakistan government for not sharing Jadhav’s location and details of his condition, adding that the international norm is consular access, and India and Pakistan have a bilateral agreement on consular access.
Baglay said Jadhav is an innocent Indian who is a retired officer of the Indian Navy and these two things were conveyed to Pakistan in March 2016, when issue of his “illegal custody there came to our attention.”
On reports of Jadhav carrying a fake identity or original Indian passport, Baglay said, “We cannot ascertain anything since we did not have any consular access. What kind of spy keeps an original passport, especially if he is going on so called spying mission.
“These facts are illogical and create doubts over allegation of his being a spy… We need to know how he came to be in Pakistan in the first place.”
India has been maintaining that Jadhav, who had legal business interest in Iran, was kidnapped by Pakistan authorities.
Asked about if the U.S. NSA was visiting India and if Jadhav’s issue will come up apart from a possible America trip of Prime Minister Narendra Modi, he said he does not have information on the date for NSA of the U.S.
“If and when it takes place, I am sure his discussion with our NSA and other meetings will cover prominently the situation in the region, most importantly in Afghanistan and also the threat of terrorism which emanates within our region from a specific country which effects the entire region.
“This will obviously be on priority. I cannot decide what the two dignitaries will discuss. But generally speaking the sense is that regional situation will help both the countries to consolidate this partnership,” he said.
Rishi Kapoor Slams Pakistan Over Death Sentence to Jadhav
“Sorry, India tried to broker peace via actors, films, sports etc with Pakistan but they just want hatred, so be it! Taali do haath se bajti hai,” Rishi Kapoor tweeted.
Randeep Hooda, who had played the role of Sarabjit Singh in the biopic, slammed the decision saying it is reminiscent of the Sarabjit’s plight.
“No trial, no evidence, only a closed military court proceeding. It reeks of lies… Pakistan is making another Sarbjit.
“My heart goes out to him… The unimaginable torture to confess and total human rights violation that happen in Pakistan. I have immense faith in the strong leadership of our country… May be we should break him out,” he tweeted.
Sarabjit, an Indian national, was convicted on charges of terrorism and spying by a Pakistani court and sentenced to death in 1991. He died following an attack on him by inmates of a Lahore prison in April 2013.
Singer Abhijeet Bhattacharya also condemned the decision.