DNA Edit: A chance to atone – Pak’s shot at peace can start with Kulbhushan Jadhav

After jostling to interpret the verdict of the International Court of Justice (ICJ) in its own skewed manner to satisfy constituency back home, the Pakistani regime has subtly agreed to grant consular access to Indian national Kulbhushan Jadhav. “Pursuant to the decision of the ICJ, Commander Kulbhushan Sudhir Jadhav has been informed of his rights under Article 36, paragraph 1 (b) of the Vienna Convention on Consular Relations,” stated the press release issued by the Ministry of Foreign Affairs of Pakistan Government on July 18. This, perhaps, is the first step in which Pakistan has shown some affirmative action with respect to the international laws that were crucified at the altar of its military court in a hackneyed manner by pronouncing the death sentence to Jadhav. 

India should welcome this reluctant step by Pakistan to build the case further for a review to secure an honourable release of Jadhav who, according to Ministry of External Affairs, was kidnapped by Pakistan beyond its jurisdiction from Iranian soil on April 10, 2017. India can make use of the ICJ rulings to further put the diplomatic pressure on Pakistan to review the case in a civilian case. The Ministry of External Affairs has maintained that Jadhav had retired prematurely and had no current link with the government since his retirement. The rulings of the Peshawar high court in November 2018 that upheld 75 petitions of military court convicts and ordered their release can also come in handy to further the Indian argument that military courts in Pakistan were prejudiced and did not give Jadhav a fair chance of trial. 

The ruling of the ICJ that said that Pakistan breached the Vienna Convention by depriving India of the right to communicate and have access to Jadhav to visit him in detention and to arrange for his legal representation also provides the opportunity to further defend and build the case by sending best of legal experts to Islamabad. While it is not an easy task for the Pakistani government to climb down after holding on to baseless and prejudiced judgment for such a long time, it should also know that peaceful and good relations between countries are always built on fair play. Pakistan’s Prime Minister Imran Khan has often talked of his wish to build good neighbourly relations with India, but his talks haven’t led to any concrete action. On his part, Indian Prime Minister Narendra Modi had walked the extra mile in his first term in office when he visited his then Pakistani counterpart Nawaz Sharif in Lahore. 

How Pakistan squandered those opportunities is a well-known fact. Pakistan should know that now such an opportunity cannot come if it chooses to remain under the clutches of its army and let out platitudes without intent. Former union minister Arun Jaitley summed it up aptly: “Will Pakistan use this opportunity or will they squander it? Pakistan is now under a global gaze as to what direction it follows.” A noble and well-meaning gesture will be the first step to gain India’s trust and providing Jadhav an honourable recourse to justice could be that very first step. Pakistan should make use of this silver lining.