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The second Jadhav ‘confession’

The desperation of the deep state to conduct Kulbhushan Jadhav’s trial, sentence him to death and have the sentence approved…

The second Jadhav ‘confession’

Kulbhushan Jadhav (Photo: Twitter)

The desperation of the deep state to conduct Kulbhushan Jadhav’s trial, sentence him to death and have the sentence approved by the Army chief even before the civilian government was informed and compelled to face international flak, is well established.

Calls for consular access have been denied because the military knows that its actions and charges are baseless and would easily be proved wrong.

The Pakistan army acted in haste, as it was fearful of recommencement of back channel diplomacy between the two countries, as also worried that their officer missing from Nepal was in the hands of Indian RAW and could become a bargaining chip.

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Another reason for their hasty action was that though they did expect India to make loud protestations, they felt that since they held the cards, India would be hamstrung. The Indian move to the International Court of Justice (ICJ) came as a surprise, for which Pakistan and its army was ill prepared.

They sought answers from their legal luminaries, got none, hence were compelled to approach an international legal firm, which too had no answers. Thus, the bungling at the ICJ. The release of the second video, post his so-called legal appeal to the chief has many ramifications.

Like the first, this is also clearly obtained under duress.

Secondly, Jadhav with no consular access and jailed in isolation, would have no clue of the attempts being made by the government of India to contact him. Hence, he would be under the impression he has either been abandoned or India has no clue of his being alive. He would hope that a confession and the video being released in public would make the Indian government realise his existence and officially seek to contact him.

Thirdly, he may imagine that this video could inform his family that he is still alive.

Fourthly, the ongoing battle in the ICJ may not be known to him; he would simply have been told to read a prepared statement, and done so because he would have no alternatives. Realistically, appealing for mercy to the army chief does not entail a new confession. He was sentenced not because of this confession, but by his socalled earlier one. Hence all his appeals and subsequent actions should have been based on that.

The latest video has a statement that he was allowed a defence counsel during the proceeding, which is clearly untrue. Pakistan’s national bar councils had passed resolutions stating that no legal luminary would defend him, hence there is no explanation of how and when this sudden change of heart occurred. Pakistan has major reasons for releasing a doctored video of a new confession and apology.

They are struggling to defend their actions in the ICJ, hence seek to manufacture more proof of Jadhav’s alleged involvement in espionage. It may not succeed even in showing this video as the last one was rejected by the court. It is known internationally that obtaining evidence under duress is easy. The Pakistan army has failed to subdue the Pakistani Taliban and the Baluch freedom struggle.

Recent attacks on its security personnel and Shia population, resulting in over 70 deaths, bear witness to this fact. This highlights the failure of its anti-terror drive launched with much fanfare under the code name ‘Radd-ulFasaad’. It cannot take the blame on itself, but must project a foreign hand.

What better way than to release another confession, from a so-called arrested spy, irrespective of the manner it is obtained. The ideal targets for placing the blame are the Indian RAW and Afghan intelligence agency, NDS. The way these agencies are being accused, it is surprising that the latest tanker blast has not been blamed on RAW.

Pressure is also likely to increase from the US, as it reviews its Afghan policy and places the blame for its failure to control the situation on Pakistan’s support to the Haqqani network and the Afghan Taliban.

This confession could then be a bargaining chip to blame a combined Afghan-India nexus of targeting them. However, internationally, Pakistan’s reputation as the owner of a terrorism factory which exports its products worldwide is well established, hence few would believe that it itself is a victim of terror strikes coordinated from across the borders. Pakistan has never admitted the fact that the cause of its suffering has been its flawed policy of good versus bad terror groups.

Those that it angered turned their guns inwards, only making things worse. To blame its neighbours on either side, would never resolve the problem. Since it has almost no proof of any foreign hand, it seeks to obtain forced confessions, which no agency outside the country would accept. Hence, this action is solely to console its domestic audience which has begun questioning the ability of the army in defending its frontiers, especially as the US decides to increase drone strikes across the border.

While confessions from Jadhav could continue, nothing would change for Pakistan in terms of reducing the current spate of terror attacks, nor would it make any impact at the ICJ or internationally. By denying even consular access, it is only hardening the case against itself, as it clearly violates human rights.

Pakistan’s government would face internal flak when it suffers defeat at the ICJ, but it would never impact its army, as it has cleverly moulded the case and thrown the ball in the government’s court, while controlling any access to Jadhav. India is taking the right approach, ignoring Pakistan’s actions while quietly preparing for the legal battle ahead, knowing that Jadhav is alive, maybe barely so.

The writer is a retired Major-General of the Indian Army.

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