Jadhav now facing trial on terrorism, sabotage charges | World Defense

Jadhav now facing trial on terrorism, sabotage charges

MaarKhoor

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ISLAMABAD: Indian spy Kulbhushan Jadhav, who was last year convicted and sentenced to death by a military tribunal for spying, is now undergoing trial on terrorism and sabotage charges, an official told Dawn on Monday.

The Pakistan government has, meanwhile, on a number of occasions sought access to 13 Indian officials to ascertain information in the Jadhav case — a fact that is supposedly also mentioned in the counter-memorial submitted at the International Court of Justice (ICJ) by Pakistan. But New Delhi has remained stubbornly uncooperative.

The official explained that Jadhav has multiple cases against him in which he had been indicted on terror- and sabotage-related charges. The cases were progressing, he said, emphasising the one relating to spying had only concluded.

Jadhav was captured by Pakistani security forces on March 3, 2016, in Balochistan. He was in April last year sentenced to death by a Field General Court Martial (FGCM) after being found guilty of espionage under Section 59 of the Pakistan Army Act (PAA), 1952, and Section 3 of the Official Secrets Act of 1923.

Pakistan seeks access to 13 Indian officials to ascertain information in the case, but New Delhi remains uncooperative

His appeals against the conviction have been rejected by the military appellate court and his mercy petition is lying with Army Chief Gen Qamar Bajwa.

About the access to 13 Indian officials, the source said, multiple requests had been made to India.

A source in New Delhi, meanwhile, disclosed that the officials whom Pakistan wanted to access included National Security Adviser Ajit Doval and a former RAW chief for their involvement in recruiting and directing Jadhav’s activities. Others that Pakistan wants to access include intelligence operatives, bankers and passport officials.

The Pakistani source would not disclose the names of the 13 Indian officials that the government wants to quiz. He, however, said: “We want to reach Jadhav’s handlers.”

Besides, Pakistan has sought information about his Navy service file, bank record of his pension payment (if there is one as India had been claiming that he was a retired officer), and issuance of the passport in the name of Mubarak Hussain Patel.

Pakistani officials want to know how the passport in the name of Patel was issued and whether it was original or fake. “We have asked if the passport is fake (then) how he exited Mumbai and Delhi airports 18 times,” the source said.

Particulars of Jadhav’s properties in Mumbai, Pune and other parts of Maharashtra, which he had acquired with the alias Hussain Mubarak Patel had also been demanded, the source said.

The ICJ is currently hearing an Indian petition challenging Pakistan’s refusal to grant consular access to the spy. Memorial (by India) and counter-memorial (by Pakistan) have been submitted. The oral arguments are yet to commence as the court has allowed further written pleadings in the case by India till April 17, 2018, and a rejoinder by Pakistan till July 17. The world court had while ordering provisional measures in the case last May restrained the Pakistan government from executing him till it decides the case.

The Foreign Office on Dec 25 hosted a meeting between Jadhav and his mother and wife. The meeting held as a goodwill gesture ended in a diplomatic spat between the two countries over the security checks Jadhav’s mother and wife underwent and the language restrictions during the meeting.

Published in Dawn, February 6th, 2018
 

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Kulbhushan Jadhav again under trial in Pakistan, this time for alleged 'terrorism, sabotage': Report

HIGHLIGHTS
  • A Pakistani official reportedly told Dawn that Jadhav has multiple cases against him in which he had been indicted
  • The official further said the charge relating to alleged spying had only just concluded
  • The Pakistan government, the official said, has repeatedly sought access to 13 Indian officials
https://timesofindia.indiatimes.com...rism-sabotage-report/articleshow/62801099.cms
 

I.R.A

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As regards to any further proceedings against Jhadav ........ he is irrelevant now, both in the context of punishment and his hopes. I think he would have come to terms with his end long ago.

Its no more Pakistan state vs Jhadav ........ but its Pakistan state vs Indian state now.
 

MaarKhoor

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As regards to any further proceedings against Jhadav ........ he is irrelevant now, both in the context of punishment and his hopes. I think he would have come to terms with his end long ago.

Its no more Pakistan state vs Jhadav ........ but its Pakistan state vs Indian state now.
As per Jadav's confession there are many serving officials of Indian armed forces and Govt also involve and now Pakistan going to name them publicly and will ask India to gave access to those criminals.
 

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Lets see ..Its getting long , in-fact nothing will happen in short future and may be released by future government like Musharraf did..
 

MaarKhoor

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Lets see ..Its getting long , in-fact nothing will happen in short future and may be released by future government like Musharraf did..
Lols he is destined to die a slow painful death as a Pakistani prisoner.
 

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Lols he is destined to die a slow painful death as a Pakistani prisoner.
That is pure wishful thinking. You are in for a rude awakening. IF Pakistan was going to do something, it would have. @hitchiker has made a very good point.

Lets see ..Its getting long , in-fact nothing will happen in short future and may be released by future government like Musharraf did..
 

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As per Jadav's confession there are many serving officials of Indian armed forces and Govt also involve and now Pakistan going to name them publicly and will ask India to gave access to those criminals.
A lot of people are still waiting for Sartaj Aziz's Dossier. Ever since Mushy left, the diplomatic crops.............

dead-in-car-57bb80022413b.jpeg
 

MaarKhoor

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That is pure wishful thinking. You are in for a rude awakening. IF Pakistan was going to do something, it would have. @hitchiker has made a very good point.
Only times will tell Sir, just wait and watch.
 

Indus Falcon

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Lols he is destined to die a slow painful death as a Pakistani prisoner.
A lot of people are still waiting for Sartaj Aziz's Dossier. Ever since Mushy left, the diplomatic crops.............

View attachment 5495
Musharraf wasn't perfect, but he kept the Foreign Office in check, after him it truly went tot he dogs,. Zardari, than Fatemi, and now snooze mode. RIP
 

TsAr

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Indian spy Jadhav refused to file review petition in IHC despite Pakistan's offer, officials say

Indian spy Kulbhushan Jadhav has refused to file an appeal in the Islamabad High Court against his conviction and subsequent death sentence by a military court despite authorities' offer to do so, officials said on Wednesday.

Instead, officials added, Jadhav had decided to apply for a mercy petition.

Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.

In a press conference in Islamabad today, Additional Attorney General Ahmed Irfan and Director General (South Asia & SAARC) Zahid Hafeez Chaudhry said that an ordinance was promulgated by the government on May 20, which allowed the Indian government, Jadhav and his legal representative to file a review petition in IHC within 60 days, which expire on July 19.

They said Indian authorities had requested to appoint an Indian lawyer to advocate for Jadhav but if an appeal is filed in the IHC, only a lawyer that holds a license of the respective court would be able to represent the spy. Therefore, an Indian lawyer cannot advocate for the convicted spy but they may be allowed to assist Jadhav's counsel.

The Pakistani government had allowed consular access to Jadhav twice in the past and has offered to do so again, the officials said. Authorities have also offered to arrange Jadhav's meeting with his father and wife, they added. The AAG and DG (South Asia & SAARC) expressed hope that the Indian government will respond positively to this offer.

Both officials recalled that Pakistan had earlier allowed Jadhav's mother and wife to meet him and said that the government had complied with the verdict of the International Court of Justice passed last year.

They said Pakistan had provided evidence of Indian state terrorism to the international community multiple times and will continue to do so.

ICJ verdict
In his trial at a military court after his arrest, Jadhav had confessed to his involvement in terrorist plots.

The spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a 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 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 in 2019.

Later that year, ICJ announced its verdict on the Kulbhushan Jadhav case, ruling that Jadhav be allowed consular access immediately and asking Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.

The ICJ, 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.

The ICJ said that even though it had found Pakistan in violation of Article 36 the Vienna Convention on Consular Relations (VCCR), "it is not the conviction and sentence of Mr. Jadhav which are to be regarded as a violation of Article 36 of the Vienna Convention."

The most the ICJ said it could do was to order Pakistan to cease violation of Article 36 and review the case in light of how that violation may have affected the case's outcome.

"The Court notes that Pakistan acknowledges that the appropriate remedy in the present case would be effective review and reconsideration of the conviction and sentence," it observed.

To this end, Pakistan was directed to immediately inform Jadhav of his rights under Article 36, grant India consular access, and then review the case while considering, under the laws of Pakistan, how not doing so earlier may have impacted the case's outcome.
 

Zulu

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Pakistan move timing is interesting are they pushing them ?as going to mercy appeal in other words he accepted all charges

Indian spy Jadhav refused to file review petition in IHC despite Pakistan's offer, officials say

Indian spy Kulbhushan Jadhav has refused to file an appeal in the Islamabad High Court against his conviction and subsequent death sentence by a military court despite authorities' offer to do so, officials said on Wednesday.

Instead, officials added, Jadhav had decided to apply for a mercy petition.

Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.

In a press conference in Islamabad today, Additional Attorney General Ahmed Irfan and Director General (South Asia & SAARC) Zahid Hafeez Chaudhry said that an ordinance was promulgated by the government on May 20, which allowed the Indian government, Jadhav and his legal representative to file a review petition in IHC within 60 days, which expire on July 19.

They said Indian authorities had requested to appoint an Indian lawyer to advocate for Jadhav but if an appeal is filed in the IHC, only a lawyer that holds a license of the respective court would be able to represent the spy. Therefore, an Indian lawyer cannot advocate for the convicted spy but they may be allowed to assist Jadhav's counsel.

The Pakistani government had allowed consular access to Jadhav twice in the past and has offered to do so again, the officials said. Authorities have also offered to arrange Jadhav's meeting with his father and wife, they added. The AAG and DG (South Asia & SAARC) expressed hope that the Indian government will respond positively to this offer.

Both officials recalled that Pakistan had earlier allowed Jadhav's mother and wife to meet him and said that the government had complied with the verdict of the International Court of Justice passed last year.

They said Pakistan had provided evidence of Indian state terrorism to the international community multiple times and will continue to do so.

ICJ verdict
In his trial at a military court after his arrest, Jadhav had confessed to his involvement in terrorist plots.

The spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a 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 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 in 2019.

Later that year, ICJ announced its verdict on the Kulbhushan Jadhav case, ruling that Jadhav be allowed consular access immediately and asking Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.

The ICJ, 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.

The ICJ said that even though it had found Pakistan in violation of Article 36 the Vienna Convention on Consular Relations (VCCR), "it is not the conviction and sentence of Mr. Jadhav which are to be regarded as a violation of Article 36 of the Vienna Convention."

The most the ICJ said it could do was to order Pakistan to cease violation of Article 36 and review the case in light of how that violation may have affected the case's outcome.

"The Court notes that Pakistan acknowledges that the appropriate remedy in the present case would be effective review and reconsideration of the conviction and sentence," it observed.

To this end, Pakistan was directed to immediately inform Jadhav of his rights under Article 36, grant India consular access, and then review the case while considering, under the laws of Pakistan, how not doing so earlier may have impacted the case's outcome.
 

TsAr

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Pakistan move timing is interesting are they pushing them ?as going to mercy appeal in other words he accepted all charges
I think he is not going to be hanged, thats my opinion. He is going to be used in some kind of deal.
 

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I think he is not going to be hanged, thats my opinion. He is going to be used in some kind of deal.
A good point to brain storm, let us discuss,

What will be Jadhav worth of dealing?? Do remember his worth as killer of many a Pakistanis, so something should be equally worth we get in return.
 
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