Sartaj rubbishes Indian allegations, says Jadhav tried in transparent manner

ISLAMABAD: Rubbishing Indian allegations regarding the trial of Indian RAW agent Kulbhushan Jadhav, Adviser to Prime Minister on Foreign Affairs Sartaj Aziz said the enemy spy was tried under Pakistani laws in a fully transparent manner and has the right to appeal his death sentence.

Speaking at a press conference on Friday, the PM's advisor said Jadhav was involved in different acts of terrorism in Pakistan and has confessed to his crimes.

"Kulbushan Jadhav, who is responsible for espionage, sabotage and terrorism in Pakistan, has been tried according to the law of the land, in a fully transparent manner while preserving his rights, as per the Constitution of Pakistan.

"Due process has been followed while proceeding against Mr. Jadhav. All further action in this regard shall also be taken in accordance with our laws," Aziz told reporters, saying a video was available of Jadhav confessing to his crimes.

He said Jadhav was provided with a legal counsel and that he confessed his crimes before a magistrate.

He added that all a law qualified field officer was provided to defend Jadhav, while the statements of witnesses were also recorded under oath in the presence of the accused.

 "Commander Kulbushan was allowed to ask questions from witnesses. During the trial, a fully qualified, law officer of Judge Advocate General (JAG) Branch remained a part of the Court," he said, allaying Indian accusations that due process of law was not followed.

"He has the right to appeal within 40 days to an Appellate Court. He may lodge a mercy petition to the COAS within 60 days of the decision by the appellate court.

Aziz said Jadhav also has the final option of lodging a mercy petition to the President of Pakistan within 90 days after the decision of the chief of Army staff on the mercy petition.

Jadhav was sentenced to on 10 April 2017

Pakistan urges restraint 

Speaking about the Indian allegations, Aziz said there was proof Jadhav directed terrorist activities in Pakistan and provoked youth in Balochistan into carrying out anti-state activities.

"Why would an innocent man hold two passports, one with a Muslim identity and another as a Hindu?" he asked. Aziz said that, since India could not answer the questions, it had unleashed "a flimsy propaganda campaign" against Pakistan.

"We condemn these baseless allegations from India" about the legal process in Jadhav's trial.

"We expect India to behave responsibly and refrain from issuing statements that will further aggravate people to people hostility. More active diplomacy is therefore needed to arrest the growing crises in India-Pakistan relations before it becomes even more serious," he said.

Aziz added that Jadhav had the option of lodging a mercy petition with the President of Pakistan within 90 days.

He said Pakistan has shared details of the case but had not received any response from the Indian government.

All political parties in Pakistan unanimously agreed that Kulbhushan Jadhav should be given death sentence after going through the legal process, he said.

"The whole nation is solidly united against any threat to Pakistan's security that may emerge," he said.

Direct involvement in terrorist activities:

• Aziz read out the following terrorist activities that the Indian spy was involved in or carried out in Pakistan;
• He sponsored and directed IEDs and Grenade Attacks in Gwadar and Turbat.
• Directed attacks on the Radar station and civilian boats in the sea, opposite Jiwani Port.
• Funded subversive secessionist and terrorist elements through Hawala/Hundi for subverting the Pakistani youth against the country, especially in Balochistan.
• Sponsored explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan.
• Sponsored IED explosions in Quetta in 2015, causing massive damage to life and property.
• Sponsored attack on Hazaras in Quetta and Shia Zaireen en route to and back from Iran.
• Abetted attacks through anti-state elements against LEAs/FC and FWO in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers.

Timeline of Kulbhushan Jadhav case

• Confessional video statement: 25 March 2016
• Initial FIR in CTD Quetta: 8 April 2016
• Initial interrogation: 2 May 2016
• Detailed interrogation: 22 may 2016
• Joint Investigation Team constituted: 12 July 2016
• Confessional statement under Section 164 CrPC: 22 July 2016
• Recording of summary of evidence: 24 September 2016
• 1st proceeding: 21 September 2016
• 2nd proceeding: 19 October 2016
• 3rd proceeding: 29 November 2016
• 4th proceeding: 12 February 2017
• Death sentence endorsed: 10 April 2017

India to appeal death sentence

Aziz's press conference followed Indian High Commissioner Gautam Bambawale's meeting with Pakistan Foreign Secretary Tehmina Janjua earlier today.

Speaking to reporters after the meeting, Bambawale said India would appeal the decision against its citizen.

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"The charge sheet against Kulbhushan Jadhav and the verdict, we need certified copies of this. As long as we don't have these, we can't appeal the decision. Secondly, we want consular access," he said.

In obvious retaliation to the Jadhav's death sentence, India has already halted the release of 12 Pakistani prisoners who were cleared to return home this week. 

The prisoners were set to be released under the bilateral practice to send back respective nationals who have completed their death sentence.

Earlier this week, Indian Home Minister Rajnath Singh accused Pakistan of violating "basic norms of law and justice", telling lawmakers that his government would go to any extent to save Jadhav from death row.

Jadhav was sentenced to death on Monday by a Field General Court Martial (FGCM).

The ISPR said the RAW agent was tried under section 59 of the Pakistan Army Act (PAA) 1952 and Section 3 of official Secret Act of 1923.

"The FGCM found Jadhav guilty of all charges. He confessed before a Magistrate and the Court that he was tasked by RAW to plan, coordinate and organise espionage/sabotage activities aiming to destabilise and wage war against Pakistan by impeding the efforts of Law Enforcement Agencies for restoring peace in Balochistan and Karachi," the ISPR said.

Chief of Army Staff General Qamar Javed Bajwa has confirmed the death sentence.