The Times of India – Kulbhushan Jadhav mystery: How, When and What now

India has reacted strongly to the death sentence handed to former Indian Navy officer Kulbhushan Jadhav by Pakistan. India claims that Jadhav, accused of spying by Pakistan, was denied due process. Here’s how he was sentenced and what are options before him:

The sentence

On Monday, Kulbhushan Jadhav was sentenced to death by a Field General Court Martial (FGCM), a military court consisting of Pakistan army officers. Pakistan army chief Qamar Javed Bajwa, in an official statement, also confirmed Jadhav’s death sentence after he was found guilty of “all the charges”.

Interestingly, Pakistan reportedly is the only South Asian country to allow trial of civilians by military courts and the judges on FGCM aren’t required to possess law degrees.

The Pakistan claim

The Pakistan government claims to have found Jadhav during a counter intelligence operation in Balochistan’s Mashkel area on 3 March 2016.

The India stand

India while refuting Pakistan’s claim on Jadhav says, he is a former Indian Navy commander and was “snatched” by Pakistani agencies from Iran. Meanwhile, Iran too has confirmed that Jadhav was on its territory but wasn’t engaged in any “illegal activity.”

German, Afghan take on Jadhav

Both Germany and Afghanistan have supported Indian stand while calling Pakistan’s take on Jadhav as “fake”.

Former German ambassador to Pakistan, Dr Gunter Mulack, was quoted by Pakistani daily Dawn as saying that “the Indian spy recently arrested in Balochistan was actually caught by Taliban and sold to Pakistani intelligence”.

“The story of Indian #RAW spy is as fake as others; he’s sold by the smugglers mafia on Iranian territory a source from area told (SIC),”Afghan journalist Malik Achakzai tweeted on April 2, 2016.

What friends say

According to the friends and various sources Jadhav soon after retiring from the Navy in early 2000s started his own business. And his family members have so far maintained distance from the media glare and reportedly haven’t spoken about him.

What’s next for Jadhav

The Pakistan defence minister told their Senate that Jadhav now has 40 days to appeal against the FGCM verdict in the army’s court of appeals.

“Jadhav can seek mercy from the Pakistan army chief and the Pakistan president,” Pakistan daily Dawn said on Tuesday.
Jadhav can also move high court if he feels due process wasn’t followed during the trial.

Questions unanswered

Insufficient material?

On December 8, last year, Pakistan foreign affairs adviser Sartaj Aziz told Pakistan senate committee Jadhav’s dossier could not be finalised as “the material…was insufficient”

Passport?

If Jadhav were really spying for India, why would he carry an Indian passport under the name Hussein Mubarak Patel?

Why trial under wraps?

India was repeatedly denied consular access to Jadhav, and the trial was kept hush-hush though Pakistan could have gained mileage in global for a by playing it up.

http://timesofindia.indiatimes.com/india/kulbhushan-jadhav-mystery-how-when-and-what-now/articleshow/58139731.cms

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