Twitter
Advertisement

India mulls legal options in Pakistan to save Kulbhushan Jadhav

While all measures to save Jadhav are being contemplated, diplomatic sources agree that the Jadhav issue will remain a sore point in bilateral ties for a long time

Latest News
article-main
FacebookTwitterWhatsappLinkedin

Hours after India demanded a certified copy of the charge sheet as well as the judgment in the death sentence of former Navy official Kulbhushan Jadhav, Pakistan made these documents public and asked New Delhi to provide legal assistance in verifying various documents.

The demand was scoffed at by senior government officials here, stressing it only highlighted an extreme case of "miscarriage of justice," whereby an innocent person was sentenced even before verification of documents.

In a normal judicial process, seized documents from an arrested person, like passport, are sent to his country of origin through diplomatic channels for verification and to ascertain citizenship. This process has to be followed before the charges are put to judicial scrutiny.

Sources in New Delhi said that apart from diplomatic options, India will explore legal remedies under Pakistan's legal system. This can include Jadhav's family appealing against the verdict. For such a remedy, a certified copy of the charge sheet and the judgment is a legal requirement.

While all measures to save Jadhav are being contemplated, diplomatic sources agree that the Jadhav issue will remain a sore point in bilateral ties for a long time. Since more than substance, optics matters in India-Pakistan relations, the issue may be sorted out only after the top leadership engages itself. That is unlikely to happen anytime soon.

The issue came at a crucial point, as on last Monday, Pakistan High Commissioner Abdul Basit had sought an appointment with Foreign Secretary S Jaishankar to convey his country's gratitude to the Indian Coast Guard for rescuing some Pakistani fishermen.

Such a gesture could have built up goodwill and perhaps helped put relations between the two countries back on track. But instead, just an hour before the scheduled meeting, came the news of Jadhav's death sentence. So instead of a "gesture", Basit was summoned and handed a demarche.

In fact, in the first-ever diplomatic contact between Islamabad and New Delhi after the sentencing of Jadhav, Indian High Commissioner Gautam Bambawale on Saturday called on Pakistan Foreign Secretary Tehmina Janjua in Islamabad.

Bambawale confirmed that India has once again requested for consular access to Jadhav. He said over the past one year, there had been no response to New Delhi's previous 13 requests.

Hours after this meeting, Sartaj Aziz, Pakistan prime minister's adviser on foreign affairs and the government's de facto foreign minister, shared the charge sheet with the media at a press conference in the headquarters of the Pakistan Foreign Office. He claimed that a letter of assistance, requesting specific information and access to certain key witnesses was shared with the Government of India on January, 23, 2017. "There has been no response from the Indian side so far," Aziz revealed.

"I would like to ask India why he [Jadhav] was using a fake identity and masquerading as a Muslim. Why would an innocent man possess two passports? — one with a Hindu name, and another with a Muslim name," Aziz added.

The charge sheet, which Aziz made public, accuses Jadhav of sponsoring and directing Improvised Explosive Device (IED) and grenade attacks in Gwadar and Turbat. It specifically indicts him for directing attacks on a radar station and civilian boats in the sea opposite the Jiwani Port and sponsoring explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan.

It also held him responsible for IED explosions in Quetta in 2015, attacks on Hazaras in Quetta and Shias en route to and back from Iran. Incidentally, these attacks have been attributed to banned Sunni militant group Lashkar-e-Jhangvi in the past.

Defending the trial process, Aziz said Jadhav's confessional statement had been recorded before a magistrate under Section 164 of the Criminal Procedure Code, whereas the proceedings had been conducted under the Law of Evidence.

Aziz, however, clarified that Jadhav still has the right to appeal to an appellate court within 40 days. He may also lodge a mercy petition to the Army chief within 60 days of the decision by the appellate court. He can also file a mercy petition to the President of Pakistan within 90 days after the decision of COAS on the mercy petition.

The Jadhav issue has taken a twist in Pakistan's domestic politics as well. The alleged "espionage" and confession by suspected Lyari gangster Uzair Jan Baloch, linked with Jadhav, has names of many political leaders, members of parliament and senior officers in police and government services. They have been named either as partners of his criminal life or those who used his gang for their interests. In his statement, Uzair claimed to have executed a number of "jobs" for senior PPP leaders and police officers.

"I helped Owais Muzaffar Tappi and Asif Ali Zardari to occupy 14 sugar mills, which they later bought on lower prices," he stated. "On Zardari's directives, I sent 15-20 men to Bilawal House. They were tasked to harass occupants of 30-40 bungalows around Bilawal House and vacate the place. All those bungalows were later bought by Zardari at very low prices," the confession stated.

LAHORE BAR ASSOCIATION NOT TO FIGHT JADHAV’S CASE

The Lahore High Court Bar Association (LHCBA) said on Friday that it will take action against any lawyer who extends services to Kulbhushan Jadhav. “The LHBA has unanimously decided to cancel the membership of any lawyer who offers his services to Jadhav,” LHCBA Secretary-General Amer Saeed Raan said.

HOW THE TRIAL PROCEEDED

Sartaj Aziz, Pakistan prime minister's adviser on foreign affairs, shares the timeline of the proceedings against Jadhav so far

March 25, 2016: Confessional video statement of Kulbushan Jhadav

April 8, 2016: Initial FIR in Counter-Terrorism Department Quetta

May 2, 2016: Initial interrogation

May 22, 2016: Detailed interrogation

July 12, 2016: Joint Investigation Team constituted

July 22, 2016:· Confessional statement under Section 164 of the Criminal Procedure Code

September 24, 2016: Recording of summary of evidence

September 21, 2016: 1st proceeding

October 19, 2016: 2nd proceeding

November 29, 2016: 3rd proceeding

February 12, 2017: 4th proceeding

April 10, 2017: Death sentence endorsed

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement