Is Jadhav Already killed Or Being Used As Leverage For Resuming Talks?

Sushma Swaraj warned Pakistan of dire consequences if Kulbhushan Jadhav is executed.

New Delhi: While the External Affairs Minister Sushma Swaraj warned Pakistan of dire consequences if Kulbhushan Jadhav is executed, BJP MP and former home secretary R K Singh expressed doubts if he was still alive. Jadhav was sentenced to death by Pakistan Military Court on charges of espionage.

Meanwhile, National Conference which has been in rebellious mood from before the by-polls has a contradictory view. It’s leader Mustafa Kamal opined that “Pakistan obeyed the law. Not correct for India to point fingers being a large democracy.” However, he also added that Pak is a bigger threat not only India but to all the South Asia and should be declared a terrorist State.

On the other hand, experts on Indo- Pak affairs feel that Pak is using Jadhav to arm twist India to resume dialogue with it. Some feel that Pak will not kill Jadhav but will certainly use him as a leverage to make India fall in line. By playing a victim card, Pak is trying to tell the world that it is India that is creating unrest in Baluchistan. It is known that India started talking about Baloch and the Pak army’s atrocities there for quite some time to make Pak stop talking about atrocities in Kashmir.

After Jadhav was tried by military court and was awarded death sentence, the Pakistan’s ISI public relations in a press release claimed that he was a RAW agent and was sentenced for planning disruptive activities in Pak. It also added that he was arrested in Balochistan in March 2016 and made to confess to his involvement in espionage.

However,  another version is being given by Indian media about why Jadhav is made a scapegoat. A report says that speculations are rife in social media that Pak Army fearing action against a retired Army officer  Lt  Col Mohammad Habib who went missing from a Nepali town near the Indian border, hurriedly announced a death sentence for Jadhav who was a former Indian Navy officer.

Though the Indian Army has not officially announced any such arrest, the twitter handle Pakistan Defence tweeted ”Indian Raw kidnaps retired Pakistan Army officer from Nepal.”  The Pakistan side is very sure that Lt Col Habib is in the custody of Indian authorities. Even the Pakistan media is readily supporting this view.

It’s heartening that all the MPs’ cutting across the party lines have condemned the Pakistani action. Very few people know that Kulbhushan Jadhav was a batchmate of Rajyavardhan Singh Rathore, Minister of State for Information and Broadcasting.at National Defence Academy

 

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World Court Backs India, Snubs Pak, Says Jadhav Shall Not Be Executed

The World Court has rejected Pakistan stand in the case of Kulbhushan Jadhav. Judge Abraham said India should have got consular access.

The Hague: The judge of International Court of Justice Justice Ronny Abraham started reading the judgement at 3.30 pm (IST). Justice Abraham has snubbed Pakistan in an unanimous verdict by 15-judge bench. The court said Jadhav should not be executed. He said both India and Pakistan agree that Kulbhushan Jadhav is an Indian national. India and Pakistan are signatories of Vienna convention. The judge explained the jurisdiction of the court and the Vienna Conventions. He rejected Pak’s contention on the jurisdiction of the court. He referred to India’s complaint of refusing consular access. India should have got the access, the judge said. He dispute exists on consular access. He said India’s case is within the purview of the Article 36 of Vienna Convention. The judge said that India has right to consular access. India’s claims in the case are plausible, Justice Abraham said. He said Pakistan cannot hang Jadhav. The ICJ has stayed it earlier.

Justice Abraham said that Pakistan should ensure that Jadhav is not executed. The world court had on last Monday stayed the execution of the Indian national, Kulbhushan Jadhav, a month  after a Pakistani military court found him guilty of spying for India.

Harish Salve, an accomplished lawyer had led the defence at the world court at The Hague. He said the matter was urgent and hence approached the highest court which took it up at short notice. He expressed his fears that Jadhav could be executed even before the judgement is delivered by ICJ. Salve said the rights of Article 36 of Vienna convention are inalienable. The Pakistani delegation was led by Moazzam Ahmad Khan, Ambassador of Pakistan in UAE. The Pakistani council blamed India for supporting terrorism in Pakistan.

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ICJ Verdict On Jadhav On Thursday

The ICJ will pronounce it’s judgment in the case of the alleged spy Kulbhushan Jadhav’s case on Thursday. The court has heard both India and Pakistan on Monday.

The Hague: The International Court of Justice will announce its verdict on Thursday in Kulbhushan Jadhav’s case. The ICJ had stayed the death sentence awarded by a Pakistani court to alleged spy Kulbhushan Jadhav on India’s appeal. Later on Monday it also heard the arguments by India and Pakistan over the fate of Jadhav.

According to reports, ICJ order on Jadhav will be announced on Thursday at 3.30 pm (IST).

During its arguments, India demanded the immediate suspension of Jadhav’s death sentence and expressed fears that Pakistan could execute him even before the hearing at ICJ was completed.

India’s made a powerful argument as the ICJ began hearing the case of a former naval officer, Kulbhushan Jadhav, who was arrested by Pakistan on March 3rd last year and was subsequently sentenced to death by a Pakistani military court on charges of espionage.

The Jadhav case came to light on 8 May, when India accused Pakistan of violating Vienna Convention and conducting a farcical trial without any evidence for convicting Jadhav.

Contradicting India’s argument, Pakistan told ICJ that Vienna Convention provisions on consular access do not apply for a spy involved in terror activities and also accused India of using the world body.

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India Completes Its Presentation At ICJ

Reputed lawyer Harish Salve presented India’s argument at the International Court of Justice in the case of Kulbhushan Jadhav who was given death sentence by Pakistan military court.

Hague (Netherlands): As the proceedings in the International Court of Justice (ICJ) began on Monday, India’s representative and eminent lawyer Harish Salve making his observations asserted that if Jadhav was to be executed, it would constitute no less than a war crime. Pointing out that Kulbhushan Jadhav was kidnapped and made to confess in military captivity, he told the court that his charge sheet was not even provided to New Delhi. Because of this, he said that India has no idea of what charges were filed against him.

On Monday morning the ICJ started proceeding in the case of India versus Pakistan relating to the death sentence handed by a Pakistani military court to former Indian naval officer Kulbhushan Jadhav. India was represented by Joint Secretary Deepak Mittal (principal agent), Joint Secretary VD Sharma (co-agent), Harish Salve (counsel), Kajal Bhat, First Secretary, Embassy of India in the Netherlands (advisor) and Chetna N Rai (junior counsel).

Both the parties were given 90 minutes each by the court, to make their observations. India made its observations first with Deepak Mittal’s remarks.

Stating that New Delhi came to know about Jadhav’s death sentence from news reports, Mittal said that execution of Jadhav will cause irreversible damage to rights of India and him. He told the court that Pakistan did not provide the charge sheet or any documents on the case despite repeated requests, which clearly means that Jadhav was denied his right to seek legal counsel. Even the visa application by Jadhav’s parents to travel to Pakistan fell on deaf ears, he observed.

Speaking after Mittal, co-agent Sharma stated that, by denying consular access to Jadhav since he was arrested in March 2016, Pakistan failed to comply with all its legal obligations. He added that India is seeking relief in the form of immediate suspension of the death sentence. He also observed that ICJ must restrain Pakistan from implementing the sentence awarded by the military court and sought the court to direct Pak to annul its decision.

The counsel representing India, Harish Salve began his statement by quoting a set of precedents to this case. Saying that Pakistan cannot deny consular access to Jadhav under Vienna convention, he quoted Costa Rica versus Nicaragua case, Paraguay versus USA and Germany versus USA case.

Pointing out that India will always state that Jadhav was kidnapped from Iran, Salve demanded immediate legal representation for Jadhav as the case is serious and urgent. Asserting that Jadhav was denied the right to defend himself, he said that even his confession was extracted in military custody. He also told the court that there were no indications from Pakistan about whether Jadhav can seek or receive clemency.

He also expressed concern of the nation, he said, “We fear that Jadhav will be executed before the trial ends.”

Pakistan has responded to India’s presentation. It has put forward what Indian diplomats call sham defence of the military court judgment.

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Pakistan Prepares To Give a Fitting Reply At ICJ

The Pakistan‘s Attorney General Ashtar Ausaf Ali said that he was confident that Pakistan is ready to give a fitting reply.
Pakistan‘s Attorney General Ashtar Ausaf Ali

Islamabad: Pakistan is in no mood to flinch even a little bit as far as Kulbhushan Jadhav’s case is concerned. Reports say that Pakistan is preparing a strategy to defend its position before the International Court of Justice or ICJ over Jadhav’s death sentence.

The Pakistan‘s Attorney General Ashtar Ausaf Ali said that he was confident that Pakistan is ready to give a fitting reply.

Ausaf told a popular Pakistani newspaper that they have sent their recommendations to the Prime Minister’s Office and Foreign Office on how to plead the case before the ICJ.

The Pakistan’s military court has ruled a death sentence to an Indian national, Jadhav, on charges of spying.

The Hague-based ICJ stayed the execution of Jadhav when India approached it after getting denied 16 times of consular access to Jadhav.

Ausaf, who held marathon meetings for two days with the officials of the Foreign Office and the Law Ministry, is expected to represent Pakistan before the ICJ. He wanted the officials that all measures and options should be kept confident in order to prevent any leakages.

However, Ausaf did not rule out the possibility of engaging someone from abroad. Meanwhile, he acknowledged that time was short since the hearing would begin on May 15.

An expert on international law said Pakistan could raise the issue of jurisdiction before the ICJ, citing a 1999 case pertaining to the shooting down of an Atlantique aircraft, in which case India had refused to accept the court’s jurisdiction on the pretext that it could not hear cases related to disputes between the Commonwealth countries.

While India acknowledges that Jadhav served with the Navy, it denies his links with the government. India also alleged that Jadhav was kidnapped from Iran.

India has also handed over an appeal by Jadhav’s mother to Pakistan, initiating a process to get his conviction overturned.

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Forced To Approach ICJ On Jadhav’s Execution, Says MEA

The International Court of Justice has stayed the death sentence awarded to Kulbhushan Jadhav by a Pakistani military court.

New Delhi: The death sentence handed down to an Indian national Kulbhushan Jadhav, by a Pakistani military court on charges of spying was stayed by the International Court of Justice (ICJ) on Tuesday.

India approached the International Court of Justice based in The Hague, against the death sentence awarded to Jadhav by Pakistan’s Field General Court Martial last month. The order came a day after India approached it. Senior advocate Harish Salve represented India before the ICJ.

Speaking to the media on Weddnesday, Ministry of External Affairs Spokesperson Gopal Baglay said that India was forced to approach the ICJ as 16 consular requests to the Pakistan government were rejected.

He further said that India has no information either regarding Jadhav’s health or his whereabouts.

Meanwhile, the Pakistan government has not officially responded to ICJ’s stay. As the officials chose to stay silent, the local media rejected India’s claim. They flatly stated that ICJ has no jurisdiction over Pakistan.

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Sushma Warns Pakistan: Hands Off Kulbhushan Jadhav

Indian Parliament unanimously condemned the Pakistan Government for awarding death penalty to an Indian Kulbhushan Jadhav who was a Navy officer. External Affairs Minister Sushma Swaraj warned Pakistan not to go ahead with the sentence

New Delhi: Sushma Swaraj, External Affairs Minister, gave a strong warning against going ahead with the death penalty awarded to  former Indian Navy employee Kulbhushan Jadhav. Sushma Swaraj has made a forceful statement condemning the attitude of the Pakistan Government which has been refusing to give Indian Counsel access to Jadhav despite repeated requests by the Indian Government.

There was a strong criticism of people like former Union Minister Mani Shankar Aiyer, ex-RAW chief Dulat and many others to attend a meeting with Pakistani intellectuals and diplomats in the evening of Tuesday here. There was also a scathing attack on the Government and the Parliament for not passing a resolution condemning the attitude of the Pakistan Government which kidnapped Jadhav 14 months. There was a severe criticism against Union Government for not bothering to raise the issue at international fora like Human Rights Commission and UNO. The NDA Government  had done precious nothing all these months, the Opposition leaders lambasted Modi’s dispensation.

Earlier in the day, there  was a unified voice by Parliamentarians expressing solidarity with the Government and raising voice against the death penalty for Kulbhushan Jadhav by Pakistan Military Court. Mood of the MPs was to stand unitedly and say with all the force at their command, ‘SAVE JADHAV’.

The Pakistani action was condemned by all the  political parties after the Congress gave adjournment notice in Lok Sabha.

“We call it a planned murder, if Jadhav would be sentenced to death,” said Mallikarjun Kharge, Floor leader of the Congress party who added that failing to protect Jadhav will prove the weakness of the Government.

AIMIM Chief Asaduddin  Owaisi said Pakistani court is like a banana court where they have given judgement without any trial or evidence.

BJP MP Ananth Kumar said that the whole House  is with Kulbhushan  Jadhav. Shiva Sena MP Manisha Khyande felt that the issue should be placed before the UN.

Home Minister Rajnath Singh said that Indian Government will do whatever possible for Jadhav and assured justice will be done with him.

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