Pakistan Rules Out Giving Convicted To Death Indian “Spy” Any Of His Legal Rights

(THIS ARTICLE IS COURTESY OF THE HINDUSTAN TIMES)

Upping the ante against India, Pakistan’s army ruled out on Monday consular access to Kulbhushan Jadhav who has been sentenced to death by a military court, days after New Delhi made a strong case for access to the alleged spy on death row.Jadhav, 46, was awarded death sentence by the Field General Court Martial last week, evoking a sharp reaction in India that warned Pakistan of consequences and damage to bilateral ties if the “pre-meditated murder” was carried out.

“Under the law we cannot give consular access to Kulbhushan who was involved in spying,” Pakistan military spokesman Major General Asif Ghafoor told reporters.

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However, Indian officials in New Delhi maintained that there was no communication from Pakistan on the denial of consular access.

Pakistan has denied India’s request for consular access to Jadhav over a dozen times in the past one year.

On Friday, Indian high commissioner in Islamabad Gautam Bambawale met Pakistan foreign secretary Tehmina Janjua and demanded a certified copy of the chargesheet as well as the army court order in the Jadhav case, besides seeking consular access to the retired Indian navy officer.

Addressing the media in Rawalpindi on Monday, Maj Gen Ghafoor said Jadhav was involved in anti-state activities so he had to face court martial.

“It was duty of the army (to apprehend and punish him). We have not compromised on it and awarded him punishment. We will not compromise on this issue in future also,” he said.

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He said all legal requirements were fulfilled in the trial of Jadhav — which resulted in his conviction.

“The court martial is based on such evidence which cannot be refuted at any forum,” he said.

He said the Indian man can appeal against the judgment in the army appellate court and then to the army chief against the decision of the appellate court.

The spokesman said the convict can also file an appeal to the Supreme Court and the president of Pakistan.

“We will defend his conviction at every forum,” he said.

Pakistan claims its security forces arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was “a serving officer in the Indian Navy.”

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The Pakistan Army had also released a “confessional video” of Jadhav after his arrest.

However, India denied Pakistan’s contention and maintained that Jadhav was kidnapped by the Pakistani authorities.

India had acknowledged that Jadhav had served with the navy but denied that he has any connection with the government.

After death sentence, what are Kulbhushan Jadhav’s options under Pakistan laws?

(THIS ARTICLE IS COURTESY OF THE HINDUSTAN TIMES)

After death sentence, what are Kulbhushan Jadhav’s options under Pakistan laws?

INDIA Updated: Apr 15, 2017 08:36 IST

Rezaul H Laskar
Rezaul H Laskar
Hindustan Times, New Delhi
Kulbhushan Jadhav

People shout slogans during a protest against the conviction of Kulbhushan Jadhav, in Mumbai.(AP Photo)

Pakistan on Friday listed the options available to Indian national Kulbhushan Jadhav to appeal against the death sentence given to him by a military court on charges of espionage.Sartaj Aziz, the foreign affairs adviser to the prime minister, told a news briefing that the former Indian Navy officer was allegedly “responsible for espionage, sabotage and terrorism” and had been tried according to the law of the land.

Aziz, who read from a statement and did not take questions from the media, then listed the options available to Jadhav under Pakistani law.

“He has the right to appeal within 40 days to an appellate court. He may lodge a mercy petition to the (army chief) within 60 days of the decision by the appellate court,” Aziz said.

“He may lodge a mercy petition to the President of Pakistan within 90 days after the decision of (the army chief) on the mercy petition.”

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India has strongly criticised Pakistan for not sharing Jadhav’s whereabouts and details of his condition. It also criticised Pakistan for not adhering to the international norm of providing consular access to a prisoner despite the two countries having an agreement on the issue.

New Delhi has also said that if Islamabad goes ahead with the execution of Jadhav, it would be tantamount to premeditated murder.

Jadhav was reportedly captured in Balochistan in March last year. He was tried by a field general court martial or an army court under provisions of the Pakistan Army Act and the Official Secrets Act.

Aziz said Jhadav was provided with “legal counsel in accordance with provisions of our law” and that he reportedly confessed before a magistrate and the army court that he was tasked by Indian intelligence to “plan, coordinate and organise espionage and sabotage activities”.

Aziz said all political parties of Pakistan were unanimous that the death sentence given to Jadhav was “the correct decision” and the “whole nation is solidly united against any threat to Pakistan’s security”.

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