Mohammad Jamil
ON Thursday, two consular officers of the Indian High Commission in Islamabad were provided unimpeded and uninterrupted consular access to Kulbushan Jadhav, who was earlier given death sentence by a military court. The Hague-based International Court of Justice (ICJ) had ruled in July last year that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay. Pakistan provided to Indian diplomats consular access to RAW spy Kulbhushan Jadhav for a second time on Thursday at the country’s own request, but Indian consulars left without meeting him in Islamabad, saying the environment was unsuitable. The FO spokesperson said that “the Indian authorities have been formally informed about the decision that the third consular access would be without the presence of security personnel, and India’s response is awaited”. Anyhow with Pakistan’s goodwill gesture, India stands exposed thoroughly.
Last year, when consular access was provided the first time, the diplomats had objected to a glass wall in the middle, as well as the audio and video recording of the meeting. “All of the diplomats’ wishes were fulfilled in the second meeting, they left nonetheless making excuses that the space was constrained and the environment not suitable. Pakistan remains committed to fully implementing the ICJ’s judgment of 17 July 2019”. The FO hoped that India will cooperate with Pakistan to see that the judgment is given full effect. As a gesture of goodwill and to implement ICJ order, Pakistan offered once again a chance to file an appeal in the IHC against death sentence awarded by the military court. Pakistan has decided to present the ordinance in the assembly, as time limit for filing review petition expired on 19th July 2020. On 18 July 2019, the International Court of Justice had directed Pakistan to review Jadhav’s conviction and, until then, put his death sentence on hold. The Court also asked Islamabad to allow New Delhi consular access at the earliest. Of course, Khawar Qureshi, Counsellor for KBJ case in ICJ had proved involvement of KBJ in espionage and sabotage activities in Pakistan especially against CPEC. He was also involved in the killing of innocent Pakistanis and causing economic loss through espionage activities. According to his confessional statement, KBJ was a serving officer of Indian Navy when arrested from Balochistan, but India claimed that he had retired. However, India could not produce evidence of his retirement. Being a terrorist, his case did not fall under Vienna Convention, yet consular access was granted, as Pakistan is committed to implement ICJ orders in letter and spirit.
Kulbushan Jadhav, alias Hussain Mubarak Patel, serving Commander of Indian Navy and working with Indian Intelligence Agency RAW was apprehended on 3 March 2016 after he illegally crossed over into Pakistan from the Pakistan-Iran border. He was found in possession of an Indian passport issued by Government of India on 12 May 2015 and valid until 11 May 2024. He had confessed before a Magistrate and the Court stating that “he is a resident of Mumbai, India; works for RAW and still serving in Navy, and his retirement is due in 2022.” He also confessed that he was tasked by the RAW to plan, coordinate and organize espionage and sabotage activities aimed at destabilizing Pakistan that resulted in the loss of many lives and damage to property. A six-minute video of his confession was released on 29 March 2016.
On 8 May 2017, India moved a petition in the ICJ seeking justice for Jadhav alleging that refusal of Pakistan to allow consular access was egregious violation of the Vienna Convention on Consular Relations by Pakistan. On 9 May 2017, the ICJ put a stay on the death sentence given by Pakistan to Kulbhushan Jadhav after an appeal from India. On 15 May 2017, the ICJ heard the case of Kulbhushan Jadhav when India and Pakistan presented their arguments in the trial. Earlier, in its arguments before the court on May 15, India had expressed its fear that Pakistan could execute Jadhav even before the court gave its verdict. On 18 May, the UN top court asked Pakistan to not execute Jadhav before they decided the case in the final hearing in February 2019. Anyhow, it is appropriate to mention the details of his terrorist activities.
According to his confessional statement, his activities included sponsoring and directing IEDs and grenade attacks in Gwadar and Turbat; attacks on the Radar Station and civilian boats in the sea opposite Jiwani Port; funding subversive secessionist and terrorist elements through Hawala/Hundi for stirring subversive activities against the country; sponsored explosions of gas pipelines/electric pylons in Sibi/Sui area in Balochistan; IED explosions in Quetta in 2015, causing massive damage to life and property; attacks on Hazaras in Quetta and Shia Zaireen en-route to and back from Iran; and abetted anti-state elements in attacks against LEAs/FC and FWO in areas of Turbat, Punjgur, Gwadar, Pasni and Jiwani. He had been tried in a fully transparent manner by the Field General Court Martial under section 59 of Pakistan Army Act (PAA) 1952 and Section three of Official Secret Act of 1923.
Kulbhushan Jadhav admitted that he had been directing various activities in Balochistan and Karachi at the behest of the RAW. He revealed that he was working under Anil Kumar Gupta, Joint Secretary RAW, and had contacts with Baloch Student Organisation. His mission was to hold meetings with Baloch insurgents and carry out activities with their collaboration. Perhaps, ICJ did not deem it appropriate to consider these facts and the incontrovertible evidence of Kulbhushan Jadhav’s subversive activities in Pakistan on the basis of his confessional statement. There is a perception that India has a clout in all international institutions, and ICJ is no an exception.
—The writer is a senior journalist based in Lahore.