India moves ICJ against RAW agent Kulbhushan Jadhav death sentence

NEW DELHI: New Delhi has instituted proceedings in the International Court of Justice in the matter of Kulbhushan Jadhav, an Indian spy captured and sentenced to death in Pakistan earlier this year.

Jadhav alias Hussein Mubarak Patel was arrested on March 3, 2016, through a Counter-Intelligence Operation from Mashkel area of Balochistan for his involvement in espionage and sabotage actives in Pakistan.

According to a press release on Tuesday from The Hague-based ICJ, India has requested the United Nations' judicial organ to provide relief "by way of immediate suspension of the sentence of death awarded to the accused".

India has contended that it was not granted consular access to Jadhav, which was in violation of the Vienna Convention on Consular Relations. India has also claimed that it learned about the death sentence by way of a press release.

According to reports in Indian media, the ICJ has stayed Kulbhushan Jadhav’s death sentence.

Pakistani officials, according to sources, responded that they do not know of any such decision. Without hearing the other party (Pakistan, in this case), no such decision by the ICJ would be applicable to Pakistan, the officials were quoted as saying.

Jadhav, a serving Indian Navy officer and an on-duty RAW operative, was arrested on March 3, 2016, through a counter-intelligence operation from Mashkel area of Balochistan.

He confessed to his involvement in subversive activities in Pakistan in a video statement last year. 

Read: Full text of Kulbhushan Jadhav confessional statement

On April 10, Jadhav was awarded a death sentence by a Field General Court Martial (FGCM) under the Pakistan Army Act (PAA) for espionage and sabotage. Army Chief General Qamar Javed Bajwa ratified Jadhav's sentencing by the FGCM.

"The spy has been tried through Field General Court Martial (FGCM) under Pakistan Army Act (PAA) and awarded death sentence. Today COAS, General Qamar Javed Bajwa has confirmed death sentence awarded by FGCM,” an ISPR statement said on April 10. "RAW agent Commander Kulbushan Sundir Jadhav was tried under FGCM under section 59 of 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," said the ISPR press release.