In a move that may see further deterioration in relations between Pakistan and India, the Pakistan Army on Monday announced that ex-Indian Navy officer Kulbhushan Jadhav has been awarded death sentence following a court martial in Rawalpindi for alleged “espionage and sabotage” activities.
Pakistan Army chief General Qamar Javed Bajwa on Monday approved the execution of Jadhav, triggering outrage in India as New Delhi sees the death sentence as a fresh provocation, indicative of the fact that the Pakistan Government and the Pakistan Army are not interested in improving relations with India.
In an immediate retaliation to the Pakistani action, there is a strong possibility that India may not release about a dozen Pakistani prisoners who were to be repatriated on Wednesday. There is a feeling in the Government that it is not the right time for the release of the prisoners. These prisoners were to be released as part of the practice by India and Pakistan to repatriate nationals lodged in each other’s jail after they complete their sentence.
Reacting strongly to the death penalty and the clandestine trial, Foreign Secretary S Jaishankar summoned Pakistan High Commissioner Abdul Basit to his office in South Block and handed him a demarche saying such a sentence against an Indian citizen was a case of premeditated murder, as it was awarded without observing basic norms of law.
Jaishankar added that the proceedings leading to the sentence against Jadhav were “farcical in the absence of any credible evidence against him.” The Foreign Secretary reiterated that Jadhav was not a spy, and he was kidnapped from Iran and brought to Pakistan.
“Jadhav was kidnapped last year from Iran and his subsequent presence in Pakistan has never been explained credibly. The Government of India, through its High Commission in Islamabad, has repeatedly sought consular access to him, as provided for by international law. Requests to that effect were formally made 13 times between March 25, 2016 and March 31, 2017. This was not permitted by the Pakistani authorities,” he said.
He also expressed anguish over the secrecy of the trial, given the fact that India was constantly seeking consular access to Jadhav.
“It is significant that the Indian High Commission was not even informed that Jadhav was being brought to trial. Senior Pakistani figures have themselves cast doubt about the adequacy of evidence. The claim in the Pakistan Army’s Inter-Services Public Relations (ISPR) release that Jadhav was provided with a defending officer during the so-called trial is clearly absurd in the circumstances. If this sentence against an Indian citizen, awarded without observing basic norms of law and justice, is carried out, the Government and people of India will regard it as a case of premeditated murder,” the Foreign Secretary said in the demarche.
The ISPR on Monday in a statement made from Rawalpindi said, “Indian RAW Agent/Naval officer 41558Z Commander Kulbushan Sudhir Jadhav, alias Hussein Mubarak Patel, was arrested on March 3, 2016 through a Counter Intelligence Operation from Mashkel, Balochistan, for his involvement in espionage and sabotage activities against Pakistan.
The spy has been tried through Field General Court Martial (FGCM) under Pakistan Army Act (PAA) and awarded death sentence. Today General Qamar Javed Bajwa has confirmed the death sentence awarded by FGCM.”
The statement added that Jadhav was tried by FGCM under Section 59 of PAA 1952 and Section 3 of Official Secrets Act of 1923. “FGCM found Kulbushan Sudhir Jadhav guilty of all the charges. He confessed before a Magistrate and the court that he was tasked by RAW to plan, coordinate and organize espionage/sabotage activities aiming to destabilise and wage war against Pakistan by impeding the efforts of law Enforcement Agencies for restoring peace in Balochistan and Karachi.
The accused was provided with defending officer as per legal provisions,” the statement added.
The Indian Government had intensified its efforts to seek consular access to Jadhav in the last four months and sent eight requests between December 2016 to March 2017 after Adviser to Pakistan Prime Minister Sartaj Aziz said before the Pakistani Senate that there was not enough evidence against Jadhav. Aziz later did a U-turn and said that Jadhav had been booked for espionage.
India sent 13 Notes Verbale to Pakistan Foreign Office seeking consular access to Jadhav. While one Demarche and nine Notes Verbale were sent by the Political Wing of Indian High Commission in Islamabad between 25 March 2016 to March 31, 2017, three Notes Verbale were sent by the Consular Wing of the Indian High Commission in Islamabad during the same period.