An honest Indian’s take on Kulbhushan Jadhav

Kulbhushan Jadhav is charged for being a spy and carrying out activities to cause instability in Pakistan

Kulbhushan Jadhav is an Indian national and former Naval officer charged of being a spy for the R&AW

[ IF YOU DON’T WANT TO READ THIS LONG, THEN YOU COULD FIND THE AUDIO AT THE END OF THIS BLOG ]

While millions of Indians are praying for the safe return of Kulbhushan Jadhav to India, some pseudo-intellectual journalists in India are busy proving that Pakistan has yet not lost the case in the International Court of Justice (ICJ). Some hypocrite and pro-Pakistani journalists have been posting irrational tweets defaming India and supporting Pakistan’s video evidence against Jadhav.

Who is Kulbhushan Jadhav?

Kulbhushan Sudhir Jadhav, who is an Indian national and retired Naval Officer allegedly arrested on March 3rd, 2016 in Saravan, Pakistan near the Iran border over the charges of spying for the Indian Intelligence body – Research & Analysis Wing (R&AW) and conducting subversive activities in the Pakistani province Baluchistan and Karachi and have ever since been jailed. The case came in front of public eyes after the Military Court in Pakistan found him guilty of “espionage and sabotage” and sentenced his death on April 10th this year.

Arrest and the follow-ups

Charges and India’s denial

After he was arrested, the Pakistani Army at that time charged him with being a R&AW agent who worked for Indian Intelligence and was involved in subversive activities in Baluchistan and Karachi. Although India has denied these allegations and claimed that Mr. Jadhav was abducted near Iran’s Chabahar port where he was doing business and accused the group named Jaishul Adil for kidnapping.

Confession Video

An actor who himself is accused in two different cases feels that art has no boundary and came in support of Pakistani actors and singers saying that they are artists, not terrorists. And yes, these Pakistanis who are artists came up with another piece of art – “The Confession Video of Kulbhushan Jadhav” which indeed was a masterpiece created by Pakistan which was a 3-minute video with over 100 cuts. The camera angle in the whole video keeps changing with huge audio fluctuations. India has denied the video proof and termed the video as not authentic and said that Pakistan may have used torture methods to force Jadhav saying that. 

A forensic examination of the confession video was conducted by the Indian Intelligence concluded that the video have been heavily edited. It was also found that several pieces of audio were joined at several places.

U-Turn of Sartaj Aziz

Sartaj Aziz, advisor of Pakistan’s PM on Foreign Affairs initially accepted that not enough evidence was provided on Jadhav and the dossier provided to him had mere statements. In less than 3-months, he took a U-turn and said that he won’t be extradited to India under any circumstances.

The ICJ Route

After Pakistan declined India’s request to provide consular access to Jadhav and sentenced his death, India decided to take this to the International Court of Justice in The Hague with eminent lawyer Harish Salve speaking from the Indian side. The ICJ has ordered Pakistan to keep a stay on the execution till the court’s hearing. India’s demanded the immediate suspension of Jadhav’s death sentence because Pakistan could even hang him before the verdict. Pakistan, on the other hand, continued to argue that the Vienna Conventions provisions on consular access was not intended for a spy intended into subversive activities. The ICJ unanimously stayed the execution of Jadhav and ordered them to inform the measures taken to implement the court order.

Hearing of the Kulbhushan Jadhav case in the International Court of Justice
ICJ has ordered Pakistan to put a stay on Jadhav’s execution.

Jadhav safe for time being

In a press release, Sartaj Aziz argued that the court didn’t give any instructions to provide consular access to Jadhav although he told that Jadhav was safe for time being and they would abide by the order of the ICJ which is the primacy in any dispute arising in the interpretation of the Vienna Conventions on Consular Relations (VCCR).

Take of Defense expert Major General G.D. Bakshi (Retd.)

Indian defense expert Major Gen. G.D. Bakshi (Retd.) believes that Pakistan may have already tortured and executed Kulbhushan Jadhav and is denying the consular access to India to hide the truth and prevent the exposure of their atrocious behavior.

Who has a stronger argument?

Pakistan has violated the Vienna Conventions of Consular Relations, according to which Pakistan was obliged to give consular access to India. He faced a secret trial which was a clear violation of the law which made India’s case in the ICJ stronger. The court said that the rights invoked by India are reasonable and India should have been given consular access. Plus they have also violated the International Covenant on Civil and Political Rights (ICCPR) which states that the civil and political rights Right to life, freedom of religion, speech and assembly, the right to due process and fair trial of any individual must not be hampered.

Apart from the stay of the execution, the ICJ also said that “the rights invoked by India under the Vienna conventions are reasonable however the circumstances of arrest is yet not clear.”

India’s take 

India made numerous requests to Pakistan for granting the consular access, although all of them were rejected. Plus Pakistan till now has not provided any valid document like the charge sheet or the copy of verdict. Pakistan didn’t even inform India about the arrest. India is still waiting for the consular access and the legal representation at this stage.

Pakistan’s false allegations also got exposed when they announced that Jadhav was carrying an Indian passport with the name – Hussain Mubarak Patel who was a Mumbai resident. What I believe is that it would have been easier for a R&AW agent to carry Pakistani papers and reduce the risk of getting caught rather than entering Pakistan with Indian document (which eventually proves he was doing business in Iran’s Chabahar) thus proving all the false stories cooked up by them.

ICJ gave verdict in favor of India and Jadhav's execution has been stayed.
Harish Salve is representing the Indian side in the International Court of Justice.

Final Verdict and outcomes

There is no doubt that India is yet to win the case as ICJ has not given the final verdict. Pakistan won’t dare to violate the ICJ verdict and going ahead with the execution because it can lead to any kind of military or non-military action against them imposed by the United Nations General Assembly (UNGA). We Indians now await for a decision in our favor since Pakistan conducted this trial against Jadhav without a piece of evidence (apart from that dramatic short film). If the final verdict of ICJ comes in favor of India, then it will be a big win at an International stage.

AUDIO