Kulbhushan Jadhav | India Writes

Triumph of Justice: India rejoices over ICJ’s stay of Jadhav’s execution

May 18, 2017 - by India Writes Network

In a diplomatic triumph and victory of justice over duplicity, the International Court of Justice has stayed the execution of Kulbhushan Jadhav, a former Indian naval officer accused of espionage by Pakistan, and upheld India’s right to consular access to him. The judge’s verdict was unambiguous: “Pakistan should not executive Jadhav till proceedings are on in this court.”
The ICJ’s verdict triggered rejoicing in India, with the external affairs ministry’s spokesperson Gopal Bagley underlining that the provisional relief provided by the ICJ is the first step in ensuring justice to Jadhav. “We hope it will help remedy egregious violations of Jadhav’s rights & violations of international convention by Pakistan,” said Mr Bagley.
“We hope concerned authorities in Pakistan have heard, ICJ said that this order creates legally binding international obligation,” he said.
The verdict came as a boost to Prime Minister Narendra Modi, whose government had made it clear that it will do everything possible to save Mr Jadhav from the gallows and deceitful snare of Pakistan. “I assure the nation that under the leadership of Prime Minister Modi we will leave no stone unturned to save Kulbhushan Jadhav,” said External Affairs Minister Sushma Swaraj. Ms Swaraj stressed that the order comes as “a great relief to the family of Kulbhushan Jadhav and people of India.”

Spy shadow over India-Pakistan ties: A kangaroo court and giant leap backward

April 12, 2017 - by India Writes Network

Dark clouds are once again hovering over the future of already strained relations between India and Pakistan, following a Pakistani military court’s handing out death sentence to Indian national Kulbhushan Jadhav on the charge of espionage and India’s sharp reaction to it. But more importantly, the international community is outraged by the court ruling which did not follow any norms of a fair trial and any law giving chance to Mr Jadhav, a former Indian Navy commander, for self-defence.
Pakistan says it had captured Mr Jadhav, 46, in Balochistan on March 3, 2016 on the charge of espionage. India refuted the charge and hit back with political parties cutting across the ideological spectrum condemning the Pakistani court’s ruling and External Affairs Minister Sushma Swaraj telling parliament that New Delhi would consider execution of Mr Jadhav as a “pre-meditated murder.” India’s Foreign Secretary S. Jaishankar summoned Pakistan’s High Commissioner to India, Abdul Basit, and issued a demarche in which he said that Mr Jadhav was kidnapped last year from Iran and there had not been a credible explanation for his subsequent presence in Pakistan.
The whole episode raises several serious questions about Pakistan’s status as a law-abiding and civilized country. Mr Jadhav’s trial in a military court is a mockery of the due process of law and defies all cannons of natural justice. He never got a lawyer to present his case in the military court and all that used by Pakistani military authorities was a so-called “confession” by him.
India must immediately adopt a two-pronged strategy: bearing down on Pakistan to refrain from carrying out the death sentence and launching a diplomatic campaign to highlight the flawed trial process in Pakistan. The Jadhav trial has once again driven home the point that it does not always require a major terror attack in India to jeopardize India-Pakistan ties.