By Asghar Ali Mubarak
ISLAMABAD: The Pakistani Foreign Office spokesperson H.E.Ms. Aisha Farooqui on Sunday said that Pakistan rejects the “baseless and inaccurate” allegations by Harish Salve, India’s legal counsel in the Kulbushan Jadhav case.
The Foreign Office says Pakistan has fully complied with the International Court of Justice’s judgment in Kulbhushan Jadhav case. Responding to queries of media persons, Foreign Office Spokesperson Aisha Farooqui said Pakistan remains committed to continue doing so as the case proceeds further. She firmly rejected as inaccurate and contrary to facts the Indian legal counsel Harish Salve’s statements that Pakistan has not complied with the ICJ’s judgment in the case.
Pakistani Foreign Office spokesperson H.E.Ms. Aisha said Pakistan has granted India consular access to Jadhav and is processing measures for effective review and reconsideration as per the guidelines provided by ICJ in its Judgment.
The spokesperson said Pakistan, being a responsible state abides by all its international obligations. It mentioned here that in an online lecture on May 3, Mr.Salve, who had represented India in the case at the International Court of Justice (ICJ), alleged that Pakistan refused to respond to Indian queries about how it would carry out the ICJ’s judgment and review and reconsider Jadav’s case.
“We have written four to five letters to Pakistan but they just keep on denying. I think we have reached a point where we have to now decide whether we want to go back to ICJ for consequential directions because Pakistan has not moved ahead,” Tribune India quoted Salve as saying. He also alleged that Pakistan granted consular access to Jadhav “too late” and refused to share details of the case with India.
The Pakistani Foreign Office, while refuting the allegations, said that Pakistan has “fully complied” with the international court’s judgment. “Pakistan has granted India consular access to commander Jadhav and is processing measures for effective review and reconsideration as per the guidelines provided by ICJ in its judgment,” a statement from the FO read. The Pakistani Foreign Office also said that Salve’s statements were “regrettable and a misrepresentation of facts”, adding that Pakistan followed “all its international obligations”. The ICJ in its verdict in July 2019 had ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure “effective review and reconsideration of his conviction and sentences”. The ICJ had, however, rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav’s release and ordering his return to India.
Jadhav was born in Sangli, Maharashtra, on 16 April 1970 to Sudhir and Avanti Jadhav. His father is a retired Mumbai Police officer. Jadhav is married and has two children. His family resides in Powai, Mumbai. According to reports, Jadhav joined the Indian National Defence Academy in 1987 and was commissioned in the engineering branch of the Indian Navy in 1991.Media has reported that he began to gather information and intelligence within India after the 2001 attack on the Parliament of India. After 14 years of service, he was inducted into intelligence operations in 2003 and established a small business in Chabahar in Iran from where he made several undetected visits to Karachi and Balochistan.
Jadhav a serving commander of the Indian Navy associated with Indian terrorist agency Research and Analysis Wing RAW was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism. In his subsequent trial at a military court, Jadhav had confessed to his involvement in terrorist plots. The terrorist / spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a (terrorist) spy and said he was kidnapped from Iran.
On April 10, 2017, Army Chief Gen Qamar Bajwa had endorsed the death penalty for Jadhav. In June 2017, the Indian terrorist/ spy had filed a mercy petition against the death penalty, in which he again confessed to his involvement in terrorist activities.
However, before Pakistani authorities could make a final decision, the ICJ, after being approached by India, had ordered a stay in his execution through an interim order. On March 30th, 2016 the Inter Services Public Relations (ISPR) released a confessional video statement of Indian terrorist/ spy agent Kulbhushan Yadav admitting to foment terrorism in Balochistan and Karachi.
He was arrested red-handed by law-enforcement agencies in the first week of the current month while infiltrating into Pakistan from the Saravan border area of Balochistan with Iran. Following is the full text of his voluntarily confession shown at a press conference jointly addressed by the former Minister for Information, Broadcasting and National Heritage Senator and ISPR Director General Lieutenant General Asim Saleem Bajwa(Now Special Assistant to Prime Minister of Pakistan on Information ) at the Press Information Department Islamabad. “My name is Commander Kulbhushan Yadav and I am the serving officer of Indian Navy. I am from the cadre of engineering department of Indian Navy and my cover name was Hussein Mubarik Patel, which I had taken for doing some intelligence gathering for Indian agencies.
“I joined the National Defence Academy in 1987 and subsequently joined Indian Navy in Jan 1991 and subsequently served for the Indian Navy till around December 2001 when the Parliament attack occurred and that is when I started contributing my services towards gathering of information and intelligence within India. “I live in the city of Mumbai in India. I am still the serving officer in the Indian Navy and will be due for retirement by 2022 as a commissioned officer in Indian Navy after having completed 14 years of service by 2002. “I commenced intelligence operation in 2003 and established a small business in Chabahar in Iran as I was able to achieve undetected existence and visits to Karachi in 2003 and 2004 and having done some basic assignments within India for RAW.
“I was picked up by RAW in 2013 end. Ever since I have been directing various activities in Balochistan and Karachi at the behest of RAW and deteriorating law and order situation in Karachi, I was basically the man for Mr Ani Kumar Gupta who is the joint secretary of RAW and his contacts in Pakistan especially in Balochistan Student Organisation. “My purpose was to hold meetings with Baloch insurgents and carry out activities with their collaboration.
“These activities have been of criminal nature, leading to killing of or maiming of Pakistani citizens. “I realize during this process that RAW is involved in some activities related to the Baloch liberation movement within Pakistan and the region around it. “There are finances which are fed into the Baloch movement through various contacts or various ways and means into the Baloch liberation (movement) and various activities of the Baloch liberation and RAW handlers go towards activities which are criminal, which are anti-national, which can lead to maiming or killing of people within Pakistan and mostly these activities were centred around of what I have knowledge is of ports of Gwadar, Pasni Jewani and various other installations, which are around the coast damaging various other installations, which are in Balochistan.
“So the activity seems to be revolving and trying to create a criminal sort of mindset within the Baloch liberation which leads to instability within Pakistan. In my pursuit towards achieving the set targets by my handlers in RAW, I was trying to cross over into Pakistan from the Saravan border in Iran on March 3, 2016, and was apprehended by Pakistani authorities while on the Pakistani side and the main aim of this crossing over into Pakistan was to hold (a) meeting with Baloch separatists in Balochistan for carrying out various activities, which they were supposed to undertake and carrying backwards the messages which had to deliver to Indian agencies.
“The main issues regarding this were that they were planning to conduct some operations within the next immediate (near) future so that was to be discussed mainly and that was the main aim of trying to coming into Pakistan.
“So that moment I realized that my intelligence operations have been compromised on my being detained in Pakistan, I revealed that I am an Indian naval officer, and it is on mentioning that I am Indian naval officer, the total perception of the establishment of the Pakistani side changed and they treated me very honorably and they did utmost respect and due regards and have handled me subsequently on a more professional and proper courteous way and they have handled me in a way that befits that of an officer and once I realized that I have been compromised in my process of intelligence operations, I decided to just end the mess I have landed myself in and just wanted to subsequently move on and cooperate with the authorities in removing complications which I have landed myself and my family members into, and whatever I am stating just now, it is the truth and it is not under any duress or pressure. I am doing it totally out of my own desire to mention and come clean out of this entire process which I have gone through last 14 years.”
On 8 May 2017, India filed an Application instituting proceedings against Pakistan in respect of a dispute concerning alleged violations of the Vienna Convention on Consular Relations of 24 April 1963 “in the matter of the detention and trial of an Indian national, Kulbhushan Sudhir Jadhav”, who had been sentenced to death by a military court in Pakistan in April 2017. India claimed that Pakistan had failed to inform it, without delay, of the arrest and detention of its national. It further contended that Jadhav had not been informed of his rights under Article 36 of the Vienna Convention on Consular Relations, and that India’s consular officers had been denied access to Jadhav while he was in custody, detention and prison, and had been unable to converse and correspond with him, or arrange for his legal representation.
As basis for the Court’s jurisdiction, India referred in its Application to Article 36, paragraph 1, of the Statute of the Court and Article I of the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes.
On the same day, India also filed a Request for the indication of provisional measures, requesting the Court to direct Pakistan to “take all measures necessary to ensure that Kulbhushan Sudhir Jadhav is not executed” and to “ensure that no action is taken that might prejudice the rights of the Republic of India or Kulbhushan Sudhir Jadhav with respect to any decision the Court may render on the merits of the case”.
