FO defends Pakistan strategy on Indian spy

As government and opposition members clashed in the National Assembly over providing the Indian spy a legal option to challenge his conviction, the Foreign Office on Thursday defended the move, insisting that the decision was key to implement the verdict of the International Court of Justice (ICJ).

The UN-affiliated court had in July last year, while upholding the military court’s death sentence awarded to Kulbhusan Jadhav, asked Pakistan to provide India the consular access as well as ensure effective review and reconsideration of his sentence.

Pakistan in line with the ICJ ruling provided India consular access to Jadhav twice – first on September 2, 2019 and then on July 16, 2020. Islamabad also offered a third consular access to India but, according to the Foreign Office, New Delhi has yet to respond to Islamabad’s “goodwill gesture”.

In order to ensure effective review and reconsideration of the case, the government on May 20 promulgated an ordinance. It also moved the Islamabad High Court (IHC) recently with a request to appoint a lawyer for Jadhav after both the RAW agent and the Indian government opted not to avail the legal remedy.

But the move sparked controversy as the opposition benches accused the government of appeasing India. The opposition prevented the government on Thursday from tabling the ordinance before the National Assembly.

Responding to the opposition’s outcry, Foreign Office spokesperson Aisha Farooqui said that Pakistan remained committed to the implementation of the International Court of Justice’s judgment of July 17, 2019.

“Necessary steps have been taken in this regard, including provision of unimpeded and uninterrupted consular access to India,” Farooqui said. “India has, however, been using various pretexts to hinder the process for review and reconsideration,” she added. However, the spokesperson hoped that rather than using its usual dilatory and obfuscatory tactics, India would cooperate with Pakistan’s courts to give effect to the judgment of the ICJ.

Justifying Pakistan’s strategy, she said the ICJ asked Pakistan to review and reconsider the conviction and sentence of Commander Jadhav. In recognition of its international obligation, Pakistan promulgated the ordinance, under which Jadhav and India were invited to file review proceedings before the Islamabad High Court, she explained.

“Neither has done so till date. Accordingly, to comply with the directive of the ICJ, the Federation has filed a petition in the Islamabad High Court for appointment of a lawyer for Commander Jadhav, so that the review proceedings can be initiated.

Jadhav was arrested from Balochistan in March 2016 in a counter-intelligence operation. He later confessed that he had been working for RAW and involved in espionage and terrorism in Pakistan. Subsequently, he was given death sentence by the military court. His mercy petition is currently pending before the army chief.