Prime Minister Nawaz Sharif's Advisor on Foreign Affairs Sartaj Aziz has shared the state's chargesheet against alleged Indian spy Kulbhushan Jadhav and a timeline of his trial.
Prime Minister Nawaz Sharif's Advisor on Foreign Affairs Sartaj Aziz has shared the state's chargesheet against alleged Indian spy Kulbhushan Jadhav and a timeline of his trial. His comments came at a press briefing on Friday following backlash from India post the death penalty to Jadhav.
'Kulbushan Jhadav, who is responsible for espionage, sabotage and terrorism in Pakistan, has been tried according to the law of the land in a fully transparent manner while preserving his rights as per the Constitution of Pakistan. Due process has been followed while proceeding against Jadhav. All further action in this regard shall also be taken in accordance with our laws,' claimed Aziz.
Aziz stated that Jadhav was tried by Field General Court Martial (FGCM) under Section 59 of the Pakistan Army Act (PAA) 1952 and Section 3 of Official Secret Act of 1923 while claiming that the latter was provided with a legal counsel in accordance with provisions of law.
Sharing details of some terrorist activities in which Jadhav allegedly had direct involvement, Aziz said:
- He sponsored and directed IEDs and Grenade Attacks in Gawadar and Turbat.
- Directed attacks on the Radar station and civilian boats in the sea, opposite Jiwani Port.
- Funded subversive secessionist and terrorist elements through Hawala/Hundi for subverting the Pakistani youth against the country, especially in Balochistan.
- Sponsored explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan.
- Sponsored IED explosions in Quetta in 2015, causing massive damage to life and property.
- Sponsored attack on Hazaras in Quetta and Shia Zaireen enroute to and back from Iran.
- Abetted attacks through anti-state elements against LEAs/FC and FWO in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers.
Azizi further said that the court found Jadhav guilty. The espionage case against him was tried by the FGCM and concluded under Pakistan Army Act Section 2 and Official Secret Act 1923. His sentence for espionage was endorsed on April 10, 2017.
The proceedings of this case went through different stages in accordance with legal requirements over a period of one year.
Following is the timeline:
1. Confessional Video statement of Kulbushan Jhadav, the active RAW operative - 25 March 2016
2. Initial FIR in CTD Quetta - 8 April 2016
3. Initial interrogation - 2 May 2016
4. Detailed interrogation - 22 May 2016
5. Joint Investigation Team constituted on 12 July 2016
6. Confessional statement under Section 164 CrPC - 22 July 2016
7. Recording of summary of evidence - 24 September 2016
8. 1st proceeding - 21 September 2016
9. 2nd proceeding - 19 October 2016
10. 3rd proceeding - 29 November 2016
11. 4th proceeding - 12 February 2017
12. Death sentence endorsed on 10 April 2017
According to Aziz, following steps were specifically taken to ensure transparency under the Pakistani Laws and Pakistan Army Act.
1) His confessional statement was recorded before a Magistrate under Section 164 CrPC.
2) The proceedings were conducted under the Law of Evidence (Qanun-e-Shahadat 1984) in the competent court
3) A law qualified field officer was provided to defend him throughout the Court proceedings
4) All statements of witnesses were recorded under oath, in the presence of the accused, in the court.
5) Commander Kulbhushan was allowed to ask questions from witnesses.
6) During the trial, a fully qualified, law officer of Judge Advocate General (JAG) Branch remained a part of the Court.
7) Punishment after the trial was awarded by the highest forum.
As per law, Jadhav has following available options
1. He has the right to appeal within 40 days to an Appellate Court.
2. He may lodge a mercy petition to the COAS within 60 days of the decision by the appellate court.
3. He may lodge a mercy petition to the President of Pakistan within 90 days after the decision of COAS on the mercy petition.
Meanwhile, India demanded from Pakistan a certified copy of the chargesheet as well as the judgement in the death sentence of Jadhav and sought consular access to him.
Indian High Commissioner in Islamabad Gautam Bambawale met Pakistan Foreign Secretary Tehmina Janjua in connection with the case.
The Indian side also conveyed that it will appeal the order and is studying the Pakistan Army Act for the same.
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