Kulbhushan Jadhav: India’s Islamabad mission told to use all legal options

NEW DELHI: India has asked its diplomatic mission in Islamabad to exhaust all legal options available under the legal code of Pakistani military to save Kulbhushan Jadhav from the gallows, even as the political leadership here is exploring several tough options vis-a-vis Islamabad.

The Indian government wants to focus simultaneously on legal and political-diplomatic options to deal with Pakistan in the Jadhav case. The two legal options are: Filing an appeal within the stipulated 60-day period, or seeking a pardon from the President of Pakistan. Both these options would have to be exercised by Jadhav himself.

He has to appeal to the Military Appellate Tribunal. Jadhav can also have his sentence reviewed by a civilian court and can have a lawyer of his choice. The Indian government can find a lawyer to defend Jadhav if the Indian High Commission is given consular access.

Pakistani civil society groups and NGOs, who have earlier helped Indian prisoners in Pakistani jails, may also help India, even though the case is in a military court. Ever since the creation of military courts in Pakistan in 2015, it has faced opposition from some politicians, NGOs and civil society groups. Jadhav, who should have ideally been given consular access and a right to choose a lawyer to defend himself, was tried under the secrecy of a military court.

Such courts are notorious for their arbitrary trial process. India can also take help from the UN and bring this matter before the International Court of Justice as a matter of violation of treaty obligation owed to India, therefore, creating an international obligation for Pakistan, hinted persons familiar with the matter.

The obligation in this case flows from the Vienna Convention on Consular Relations, 1963 (the Treaty). India and Pakistan signed and ratified the Treaty on November 28, 1977, and April 14, 1969, respectively.