Kulbhushan Jadhav, 49, who is waiting for capital punishment in Pakistan on
charges of spying for India's intelligence agency, the Research and Analysis
Wing, is a retired Indian Navy official[1].
The Pakistani military court condemned Jadhav on charges of espionage and
terrorism after a closed trial in April 2017. In December 2017, Jadhav's mother
and his wife made a trip to meet him in Pakistan[2].
The Pakistani government expressed that he was a serving authority in the Indian
Navy who was associated with subversive activities inside Pakistan and was
captured on 3 March 2016 during a counter-intelligence operation in Balochistan.
The Indian government perceived Jadhav as a former naval officer yet denied any
present connections with him and kept up that he took untimely retirement and
was abducted from Iran.
On 10 April 2017, Jadhav was condemned to death by a Field General Court Martial
in Pakistan. Application instituting proceeding filed in the Registry of the
Court on 8 May 2017 in the International Court of Justice.
On 18 May 2017, the International Court of Justice stayed the execution pending
the last judgment on the case. On 17 July 2019, the court dismissed India's
appeal for Jadhav's discharge and ordered Pakistan to suspend the execution. It
decided that Pakistan should survey the whole procedure of preliminary and
conviction of Kulbhushan Jadhav and give India consular access.
Mr. Jadhav, 47, met his wife Chetankul and mother Avanti Jadhav for around 45
minutes over a glass screen. Mr. Kumar said Mr. Jadhav's mom was kept from
talking in her native language, Â over and again hindered at the same timeÂ
and in the end was stopped.
 Oddly enough, in spite of her repeated request, the shoes of the wife of Mr
Jadhav were not given to her after the meeting. We would alert against any
wicked aim in such manner, said Mr. Kumar.
India also sought to set the record straight on Mr. Jadhav, who was heard
expressing gratitude to Pakistan for arranging the meeting in a video played
repeatedly by Pakistani officials.
Mr. Jadhav was under significant pressure and talking under coercion. The
majority of his comments were unmistakably guided and intended to sustain the
bogus story of his supposed exercises in Pakistan. His appearance likewise
brings up issues of his well being and prosperity, said the spokesperson.
The meeting has been seen in India as arranged publicity by Islamabad, which
rehashed old claims that India has firmly rubbished.
India says the family was taken to the gathering without the Indian Deputy High
Commissioner, who could join simply in the wake of pressing the matter with
authorities.
Photographs tweeted by Pakistan indicated Mr. Jadhav sitting over his family,
obviously conveying through radio, with authorities present, no physical contact
permitted.
As per Pakistan[4], Kulbhushan Jadhav was captured in Balochistan on March 3,
2016. He was accused of involvement in spying and subversive activities. In
April 2017, Islamabad reported Jadhav had been discovered liable and a Pakistan
court condemned him to death.
Pakistan expressed that Jadhav entered Chabahar with a visa stamped on a fake
passport numbered L9630722 in 2003 where he got another character of Hussain
Mubarak Patel – born on 30 August 1968, from Maharashtra, India. Pakistani
authorities asserted that his activity was to destabilize Pakistan by
strengthening a separatist movement in Balochistan and Karachi – a mission that
officially began in 2013.
Balochistan Home Minister Sarfraz Bugti said that Jadhav was working for RAW and
was in contact with Baloch separatists and militants, fueling sectarian violence
in the province and the country. He further included that he was engaged with
monetarily supporting militants and that Jadhav has conceded his associations in
Karachi's agitation.
Pakistani authorities expressed that Jadhav, during his cross-examination, gave
details regarding his funding, and plans to destabilize the country. They added
that Jadhav also disclosed the presence of other Indian intelligence operatives
in the southern metropolis.
India dismissed the charges and said that Mr. Jadhav was captured by Pakistani
agents from the Iranian port of Chabahar, where he was maintaining a business.
India has long contended that Jadhav was not related to the Indian government
and he owned and was running a cargo business in Iran from where he was
abducted.
India contended that Jadhav's capital punishment disregards International law
and provisions of the Vienna Convention. India requested the immediate release
of Jadhav and Pakistan should be directed to facilitate his safe passage to
India. India argued that it had not been informed of Jadhav’s detention until
long after his arrest and that Pakistan had failed to inform him of his rights.
India's contention depended on the fact that Pakistan did not allow them the
consular access after Jadhav's capture[5]. A retired Navy official, Jadhav, 49,
was captured supposedly on March 3, 2016, and India was informed on March 25.
The Indian government had said that there is no evidence that Jadhav who owns a
cargo business in Iran was captured in Balochistan as asserted by Pakistan.
TIMELINE OF THE CASE (INDIA vs. PAKISTAN):
# March 3, 2016: Pakistan captures Kulbhushan Jadhav, a retired Indian Navy
official.
# March 24, 2016: Pakistani captured Mr. Jadhav and claimed that he is an Indian
spy arrested from the Balochistan area.
# March 26, 2016: The Indian government asserts there is no confirmation or
evidence to show that Jadhav who possesses a cargo business in Iran was captured
in Balochistan as guaranteed by Pakistan.
# March 29, 2016: New Delhi looks for from Islamabad consular access to Jadhav.
Throughout the year, it made 16 such demands which were denied by Pakistan.
# April 10, 2017: A Pakistani armed force court sentences Jadhav to death for
his involvement in espionage and sabotage activities against Pakistan . India
cautions Islamabad that it is an instance of premeditated murder .
# April 11, 2017: External Affairs Minister (EAM) Sushma Swaraj states the two
Houses of Parliament, that India will go out of way to provide justice to Jadhav.
# April 14, 2017: India demands from Pakistan a certified copy of the
charge-sheet as well as the judgment in the death sentence of Jadhav and looks
for consular access to him.
# April 20, 2017: India authoritatively asks for from Pakistan details of the
trial proceedings against Kulbhushan Jadhav as well as the appeal process of the
case.
# April 27, 2017: Then EAM Swaraj keeps in touch with the then Pakistan Foreign
Affairs Adviser Sartaj Aziz mentioning visa for Jadhav's family to visit him.
# May 8, 2017: India approaches the International Court of Justice (ICJ) at
Hague against Pakistan military court decision.
# May 9, 2017: The ICJ stays the execution of Jadhav.
# May 15, 2017: India and Pakistan challenge at the ICJ over Jadhav's case with
New Delhi requesting the prompt suspension of his capital punishment and
Islamabad of using the world body as a stage for political theatre
through a misconceived plea.
# May 18, 2017: The ICJ advises Pakistan to put his execution on hold pending
its final order.
# December 26, 2017: Kulbhushan Jadhav meets with his wife and mother, over a
year after he was captured by the Pakistan Army and blamed for spying.
# April 17, 2018: India files 2nd round of written reply in the ICJ in Jadhav's
case.
# July 17, 2018: Pakistan presents its second counter-memorial in the ICJ on the
conviction of Jadhav.
# August 22, 2018: The ICJ sets February 2019 for hearing Jadhav's case.
# November 21, 2018: Then EAM Sushma Swaraj looks for discretionary access to
Kulbhushan Jadhav.
# February 18, 2019: Four-day hearing in Kulbhushan Jadhav's case opens.
# February 19, 2019: India asks the ICJ to revoke Jadhav's capital punishment by
a Pakistani military court and request his immediate discharge.
# February 20, 2019: India questions the functioning of Pakistan's notorious
military courts and urged the ICJ to annul Jadhav's death sentence.
# February 21, 2019: Pakistan asked the ICJ that it should dismiss the relief
claimed by India to Jadhav in this case.
# July 4, 2019: The ICJ announced that it will convey a decision in the
Kulbhushan Jadhav case on July 17.
# July 17, 2019: In a noteworthy victory for India, the ICJ decides that
Pakistan must review the capital punishment for Kulbhushan Jadhav and give him
consular access.
The International Court of Justice (ICJ) conveyed its memorable decision in the
Kulbhushan Jadhav case that Pakistan should review and reexamine the conviction
and sentence given to Jadhav by the Pakistan military court. International Court
of Justice ruled by 15 votes to 1 that Pakistan had violated the Vienna
Convention on Consular Relations, 1963 on several counts.
Conclusion:
India and Pakistan ended up poles apart in their contentions all through the
Kulbhushan Jadhav case hearing at the ICJ. Ministry of External Affairs welcomed
the ICJ verdict in India’s favour and vowed to ensure Jadhav’s early release and
return to India. Then again, Pakistan's Minister Chaudhry Fawad Hussain
guaranteed that the ICJ rejected India's case for acquittal, discharge and
return of Jadhav. The ICJ decision in Jadhav case has been considered as a
noteworthy diplomatic victory for India as New Delhi case for early arrival of
Jadhav has started moving the correct way.
End-Notes
[1] https://timesofindia.indiatimes.com/india/jadhavs-death-sentence-is-premeditated-murder-says-government-in-demarche-to-pakistan/articleshow/58110508.cms
The Times of India. 10 April 2017
[2] Wife and mother met Kulbhushan Jadhav at- https://www.ndtv.com/india-news/kulbhushan-jadhav-under-stress-wife-and-mother-forced-to-change-clothes-india-1792277
[3] https://www.bbc.com/news/world-asia-india-42477207- Kulbhushan Jadhav:
Pakistan lets family meet 'Indian spy'
[4]https://tribune.com.pk/story/1072455/terror-purge-forces-nab-indian-spy-in-balochistan/-
'RAW officer' arrested in Balochistan By Mohammad Zafar Published: March 25,
2016
[5] https://www.firstpost.com/india/kulbhushan-jadhav-on-death-row-pakistan-denies-consular-access-to-businessman-blames-india-for-sponsoring-terror-3767243.html
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