India-Pakistan impasse on Kulbhushan Jadhav peaks

New Delhi: India on Friday made its 14th request to Pakistan for consular access to former naval officer Kulbhushan Jadhav and also asked for a certified copy of the judgment and chargesheet of the Pakistani military court that has sentenced Mr Jadhav to death. Pakistan, however, continued to harden its stand, saying Mr Jadhav’s trial had taken place “transparently” and advised India “to behave responsibly and refrain from issuing statements that will further aggravate people to people hostility”.

Islamabad claimed that more active diplomacy was needed to arrest the growing crises in India-Pakistan relations before it became more serious.

Pakistan also claimed that India had not responded to its letter of assistance in January this year on the probe and questioned India by asking why any innocent man would have two passports, “one with a Hindu name and another with a Muslim name”.

New Delhi had already made it clear on Thursday that consular access to Mr Jadhav was a must before it could ascertain any facts relating to his passport.

Pakistan also accused Mr Jadhav of sponsoring and directing IED and grenade attacks in Balochistan, directing attacks on civilian boats, funding terrorists and sponsoring attacks on targets that included gas pipelines, Shias and the Hazara community, and carrying out IED explosions in Quetta. Meanwhile, speculation was rife on whether India would consider issuing a travel advisory to advise its citizens not to visit Pakistan in the current situation, with TV reports suggesting that this was a possiblity.

According to news agency reports from Lahore, the Lahore High Court Bar Association also said that it will take action against any lawyer who extends his services to Jadhav. “The LHBA has unanimously decided to cancel the membership of any lawyer who offers his services to Indian spy Kulbhushan Jadhav,” Lahore High Court Bar Association Secretary-General Amer Saeed Raan said after a meeting of the bar today.

Indian High Commissioner in Islamabad Gautam Bambawale on Friday met Pakistan Foreign Secretary Tehmina Janjua in connection with the case of Jadhav, who has been given a death sentence by a Pakistani military court on charges of spying. “I have asked for a certified copy of the chargesheet as well as the judgement in the death sentence of Kulbhushan Jadhav. They (Pakistan) have denied our request for consular access 13 times (in about the last one year). I have again requested the Pakistan foreign secretary to give access to Jadhav so that we can appeal,” Mr Bambawale told news agencies in Islamabad. “Indian high commissioner Gautam Bambawale met the Pakistan foreign secretary (and) asked for a certified copy of the judgment, chargesheet and consular access for the fourteenth time for Jadhav,” the Indian High Commission in Islamabad said.

In Kolkata, home minister Rajnath Singh was quoted by news agencies as saying, “I do not agree with what Pakistan has said. Kulbhushan Jadhav did not get a fair trial. All efforts are being made to secure justice for Jadhav. We will do everything.”

Interestingly, Pakistan on Friday fielded its PM’s foreign affairs advisor Sartaj Aziz —who had earlier reportedly doubted whether there was any evidence against Jadhav before changing his tune — to claim that the trial of Jadhav by the Pakistani military court was as per the Pakistani Constitution.

At his briefing in Islamabad, Aziz said, “I will like to share details of some terrorist activities in which Kulbushan Jadhav was directly involved. He (Jadhav) sponsored and directed IEDs and grenade attacks in Gawadar and Turbat. (He) 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, (and) 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.”

Lashing out at India, Mr Aziz said, “As is widely known, Kulbushan Jadhav alias, Hussain Mubarak Patel, a serving commander of Indian Navy, and working with the Indian Intelligence Agency/RAW was apprehended on March 3, 2016 after he illegally crossed over into Pakistan from the Saravan border in Iran. Kulbushan Jadhav was found in possession of an Indian passport issued by the Government of India on May 12, 2015 and valid until May 11, 2024. He confessed that he is a resident of Mumbai, India, still serving in the Indian Navy and his retirement is due in 2022. Jadhav confessed before a magistrate and the court that he was tasked by the Indian Intelligence Agency, RAW, to plan, coordinate and organise espionage and sabotage activities aimed at destabilising and waging war against Pakistan...I would like to ask India why Kulbushan Jadhav was using a fake identity impersonating as a Muslim? Why would an innocent man possess two passports, one with a Hindu name and another with a Muslim name?”

He further said that India had no credible explanation on why their serving Naval Commander was in Balochistan and hence unleashed a flimsy propaganda campaign.

“It should be clear from these details that Kulbushan Jadhav was tried under the law of the land in a fully transparent manner. His sentence is based on credible, specific evidence proving his involvement in espionage and terrorist activities in Pakistan. ... We expect India to behave responsibly and refrain from issuing statements that will further aggravate people to people hostility. More active diplomacy is therefore needed to arrest the growing crises in India-Pakistan relations before it becomes even more serious,” Mr Aziz said.

He further said, “From the outset, transparency was ensured in the proceedings of the trial of Commander Kulbushan Jadhav. ... His confessional statement was recorded before a Magistrate under Section 164 CrPC. The proceedings were conducted under the Law of Evidence (Qanun-e-Shahadat 1984) in the competent court. A law qualified field officer was provided to defend him throughout the court proceedings. All statements of witnesses were recorded under oath, in the presence of the accused, in the court. Commander Kulbushan was allowed to ask questions from witnesses. During the trial, a fully qualified, law officer of Judge Advocate General (JAG) Branch remained a part of the court. Punishment after the trial was awarded by the highest forum.”

He added, “As per law, Kulbushan Jadhav has following available options. He has the right to appeal within 40 days to an appellate court. He may lodge a mercy petition to the COAS within 60 days of the decision by the appellate court. He may lodge a mercy petition to the President of Pakistan within 90 days after the decision of COAS on the mercy petition.”