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14 Apr 2017

Kulbhushan Jadhav death sentence: India demands legal documents from Pakistan

Events took a new turn in the ongoing Indo-Pak diplomatic standoff over a Pakistan military court's award of death sentence to alleged Indian spy Kulbhushan Jadhav. India has sought to access legal documents including Jadhav's charge sheet and death sentence.

The demands were made when Indian envoy Gautam Bambawale met Pakistan's Foreign Secretary Tehmina Januja.

Let us see what India wants from Pakistan!

In context

Kulbhushan Jadhav death sentence: Indo-Pak diplomatic standoff intensifies

The case against Kulbhushan Jadhav

Kulbhushan Jadhav a retired lieutenant of the Indian Navy, was arrested from the Iran-Pakistan border in March 2016. Pakistan accuses him of being an agent of the Research and Analysis Wing (R & AW) who worked towards fuelling the Baloch Separatist movement from surrounding areas.

Jadhav's death sentence strains bilateral relations


Jadhav's death sentence strains bilateral relations

The military court awarded death sentence to Jadhav wrapping up a three-month long closed trial. He has been implicated for "waging war against Pakistan".

In response, India termed the sentence "premeditated murder", the trial "farcical" and warned Pakistan against consequences to bilateral relations.

The sentence was confirmed by Pakistan's military top brass at a Corps Commanders Conference chaired by General Qamar Bajwa on Thursday.

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Claims and counterclaims

India accepts that Jadhav is Indian citizen whole denying his links to R&AW. Pakistan claims to have a confession tape where Jadhav admits to working for R&AW, which India calls doctored. India further points to lack of credible evidence on Pakistan's side.


What does India demand?

India has sought consular access to Jadhav for the time. Bambawale notes that Pakistan has denied consular access to India 13 times since Jadhav's arrest in March 2016.

India has also sought access to the "certified copies of charge sheet as well as copies of the judgement delivered by the military court.

India has further conveyed to Pakistan that it would appeal the order.

Legal options

India is exploring legal options alongside diplomatic ones to secure justice for Jadhav. Citing the Ministry of External Affairs (MEA), the Asian News International (ANI) tweeted, "India conveyed to Pakistan today that we will appeal the order and are studying Pakistan Army Act".

India's response

How has India reacted to the sentence?

Criticizing Pakistan's refusal to share details on Jadhav's location and status, MEA spokesperson Gopal Bagalay noted, India would not spare efforts to secure justice to the "kidnapped innocent". He further asserted "the country's sentiment is with him".

Responding to Jadhav's death sentence, India withheld a previously scheduled release of Pakistani prisoners. India is also likely to introduce visa restrictions on Pakistani nationals in retaliation.

Pakistan's warning

How has Pakistan responded?

Consular access has been denied on grounds of his espionage charge which Pakistan claims should be exempt under International Law.

Speaking at a press conference, Pakistan's foreign policy advisor Sartaj Aziz told India, "to stop issuing rhetorical statements" and warned against increasing diplomatic tensions.

Slamming India's claims on Jadhav's innocence, Aziz pointed to India's inability to explain why Jadhav held two passports.

Can Jadhav be guaranteed a fair trial in Pakistan?

Jadhav can file a review petition in the Supreme Court or mercy petitions to the President and the Army chief within 40 days. The Army's outright refusal to compromise along with issuing of stern warnings to lawyers against representing him renders Jadhav's legal options narrow.

India should bomb Pak to rescue Kulbhushan Jadhav: Pravin Togadia

15 Apr 2017

India should bomb Pak to rescue Kulbhushan Jadhav: Pravin Togadia

Saying New Delhi should take inspiration from US President Donald Trump who bombed IS hideouts in Afghanistan, VHP leader Pravin Togadia maintained India too should bomb Pakistan to rescue Kulbhushan Jadhav.

On civilian-army hostility in Kashmir, Togadia said the government should crack down on those who are "at war" with security personnel.

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