India will do everything possible to save Kulbhushan Jadhav, an Indian prisoner jailed in Pakistan and ensure his safe return to India. The Indian Ministry of External Affairs said that Pakistan refused to hand over any relevant documents including FIR, evidence, court order in the Kulbhushan Jadhav case. The Foreign Ministry's statement came after Pakistan said on Wednesday that Indian prisoner Kulbhushan Jadhav, facing death sentence, refused to file an appeal in the Islamabad High Court against the conviction by the military court.
The Ministry of External Affairs said that it is clear that Pakistan is trying to create an illusion of adherence to the ICJ decision in the Kulbhushan Jadhav case. The ministry clearly said that it will do everything possible to secure Jadhav's safe home return. Jadhav (50), a retired Indian Navy officer, was sentenced to death by a Pakistani military court in April 2017 on charges of "espionage and terrorism". A few weeks later, India moved the ICJ challenging Jadhav's diplomatic access and the death penalty. The Hague-based International Court of Justice (ICJ) ruled in July last year that Pakistan should review the conviction and give Jadhav diplomatic access without delay.
On Wednesday, Pakistan's Additional Attorney General Ahmed Irfan said that on 17 June 2020, Jadhav was offered to file an appeal in the Islamabad High Court to review his conviction. Irfan, along with Director General (South Asia and SAARC) Zahid Hafiz Chaudhary, told the press conference, "Using his legal authority, Commander Jadhav refused to file a petition for review and reconsideration of his sentence and conviction." Instead, he decided to move forward on his pending mercy petition" he said. The Pakistan government issued an ordinance on May 20 asking the Indian government, Jadhav or his legal representative to file a review petition in Islamabad High Court within 60 days. The term of this ordinance ends on 19 July.
"Jhadhav was clearly pressured"
Following Irfan's remarks, the Ministry of External Affairs in New Delhi rejected his claim, saying that it was part of the same 'farce' Pakistan has been doing for the last four years. A Foreign Ministry spokesman said, "Jadhav was sentenced to death through a bogus trial. He is in Pakistani military custody. Jhada was clearly pressured not to file a reconsideration petition. "He said that India had demanded "uninterrupted access" to them so that options available under an ordinance could be discussed with them.
"As a shameless attempt to get even the inadequate options available under the ordinance out of their reach, Pakistan would have naturally pressured him not to demand the right to implement the decision of the International Court of Justice," he said. In Islamabad, Irfan claimed that Pakistan had consistently written letters to the Indian High Commission to petition the Islamabad High Court on the decision against Jadhav before the last date. He said that Indian authorities had requested to appoint an Indian lawyer as advocate for Jadhav but if the petition is filed in the Islamabad High Court, only the licensed lawyers of the court concerned can represent him. Therefore, Indian lawyers cannot be allowed for Jadhav but they can help his lawyer.
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