The following report sheds light on the different slants of a press release given by Mr. Sartaj Aziz, Adviser to the Prime Minister of Foreign Affairs, on 14 April 2017. This was in response to the Indian allegations that he was alleged on no firm basis. He provides a detailed overview of the investigations, and subsequent findings and explicates the transparency of the whole trial process. The following points had been elucidated to prove his point and bunkum out Indian assertions. In addition, he also states that it was the Indian intelligence, R&AW, who didn’t cooperate, though a letter of assistance was issued that shared explicit information and even the track of certain key witnesses was presented to them in January 2017, but there has been no response from the other side.
He expounded the whole circumstantial scenario and the developments of Kulbushan Jadhav’s case. He quelled the surge of criticism from media jingoism after the Indian allegations broke through, Kulbushan Jadhav was given a death sentence. He illuminated the point that Kulbushan Jadhav, faced a trial procedure according to the national laws on espionage, sabotage, and terrorism of Pakistan, in a completely impartial manner and all his rights were preserved as enshrined in the Constitution of Pakistan. He raised the question that why would a common citizen carry two passports with different names, one with a Hindu name, the other with a Muslim one, which ultimately led to suspicion and his detention. Why would a person impersonate himself to be of a different religion? The Indian intelligence, R&AW, allegations, that he was framed are entirely baseless on this question. India should realize that they are unbridling an insubstantial propaganda campaign that will only trigger the already hostile relations between both the countries. They will crown the bout of bad behavior and its consequences thereafter. Therefore, India should act as a responsible nation. Provocative statements and pomposity about “pre-meditated murder” and “unrest in Balochistan” will further escalate tensions and trade off the options of diplomacy to quash the tensions and in such a situation; unfortunately, peace will be the ultimate loser.
It is a far and wide known fact that Kalbushan Jhadav code-named as Hussain Mubarak Patel, a serving Commander of Indian Navy, and a part of Indian Intelligence Agency was detained on March 3, 2016, after he illegitimately crossed the border and entered Pakistan via the Saravan border in Iran. Kulbushan Jadhav held an Indian passport which was issued by the Government of India on May 12, 2015, and which was about to expire on May 11, 2024. He owned up to the fact that he is a citizen of Mumbai, India, and was still serving in the Indian Navy and his retirement is due in 2022.
Under section 59 of Pakistan Army Act (PAA) 1952 and Section 3 of Official Secret Act of 1923, he was trialed by Field General Court Martial (FGCM) . The right to have a lawyer was provided to Mr. Jadhav as per the provision of our law. Mr. Jadhav even pleaded guilty before the Magistrate and the Court that he was indeed a member of the Indian Intelligence Agency, RAW, and had crossed the border for to coordination and organizing espionage and sabotage activities aimed at subverting Pakistan, posing a challenge of human security, and waging a war against Pakistan. Kulbushan was involved in both spying and sabotage activities resulting in many deaths of our citizens and damage to our property.
Not only was he a spy of RAW, investigations and their findings has proven the fact that Kulbushan Jadhav was also directly involved in the terrorist activities that had a broad spectrum ranging from sponsoring and directing IEDs and Grenade Attacks in Gwadar and Turbat, giving directions for the attacks on the Radar station and civilian boats in the sea located opposite to Jiwani Port, to funding of dissident secessionist and terrorist rudiments through Hawala for disrupting the Pakistani youth against the country, especially in Balochistan, subsequently trying to craft an existential threat to Pakistan. The list of the heinous crimes doesn’t end here. He also backed the explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan, with the clear goal of destabilizing Balochistan and undermining the success of CPEC. He also sponsored IED explosions in Quetta in 2015, causing many deaths and destruction of state property. In addition, he funded an attack on Hazaras in Quetta and Shia Zaireen enroute to and back from Iran to fuel the fire of sectarianism which is already posing a huge challenge to the internal stability of the country. Moreover, he backed up attacks via anti-state elements against LEAs (Law Enforcement Agencies) and FWO (Frontier Works Organization) in areas of Turbat, Punjgur, Gawadar, Pasni, and Jiwani during 2014-15, again causing human loss.
The timeline of the proceedings of the case was explicated by Mr. Sartaj Aziz in which he disclosed that the proceedings of the case were totally within the silhouettes of the law and the legal proceedings were carried over a period of one year as follows:
A Confessional Video statement of Kulbushan Jadhav, the active RAW operative was taken hold of and on the 25th of March 2016, an initial FIR in CTD Quetta was launched. On 8th of April 2016, the preliminary interrogation took place after which on the 2nd of May 2016 a comprehensive interrogation was piloted. On the 22nd of May 2016, a Joint Investigation Team was instituted and they took a confessional statement from Kulbushan Jadhav under Section 164 CrPC on 12th of July 2016. The summary of the evidence was recorded on 22nd of July 2016. The 1st proceeding took place on the 24th of September 2016. This was followed by a 2nd proceeding on the 21st of September 2016 and furthermore was preceded by a 3rd proceeding on 19th of October 2016. The 4th proceeding took place on the 29th of November 2016 and in the last proceeding on 12th of February 2017, the Death sentence was sanctioned on the 10th of April 2017.
Since the case started, transparency was safeguarded in the proceedings of the trial of Commander Kulbushan Jhadav. Certain steps were specifically taken to ensure transparency under the Pakistani Laws and Pakistan Army Act. First of all, his confessional statement was recorded before a Magistrate under Section 164 CRPC. Secondly; the proceedings were conducted under the Law of Evidence 1984 in the competent court. Thirdly, a competent lawyer was provided to defend him throughout the Court proceedings. Fourthly, all statements of witnesses were recorded under oath, in the presence of Kulbushan Jadhav, in the court. Fifthly, Commander Kulbushan was allowed to cross-question the witnesses. Finally, throughout the trial, a fully qualified law officer of Judge Advocate General (JAG) Branch was present in the Court. The punishment after the trial was awarded by the highest forum.
According to the silhouettes of law, Kulbushan Jadhav also has been given some options that are open to him. First of all, he has the right to appeal within 40 days to an Appellate Court. Secondly, he may lodge a mercy petition to the COAS within 60 days of the decision by the appellate court. Lastly, he may lodge a mercy petition to the President of Pakistan within 90 days after the decision of COAS on the mercy petition…
His concluding remarks were that all political parties stand united that the award of the death penalty after a due transparent process was the right decision safeguarding the national interests and keeping our sovereignty paramount.
