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India lashes out Pakistan for blocking all avenues for effective remedy in Kulbhushan Jadhav case

During his weekly briefing, External Affairs Ministry spokesperson Anurag Srivastava said that Pakistan is not only in violation of the judgment of the International Court of Justice (ICJ), but also of its own ordinance.

SNS | New Delhi |

In a scathing admonition of Pakistan, the government on Thursday said that Islamabad has blocked all the avenues for an effective remedy available for India in the Kulbhushan Jadhav case.

During his weekly briefing, External Affairs Ministry spokesperson Anurag Srivastava said that Pakistan is not only in violation of the judgment of the International Court of Justice (ICJ), but also of its own ordinance.

“Pakistan has completely failed to provide the remedy as directed by the ICJ and India reserves its position in the matter, including its rights to avail further remedies,” he said.

India has so far requested consular access 12 times over the past one year. However, Pakistan has not provided an unimpeded consular access yet. The meeting of consular officers with Jadhav on July 16 was “scuttled by Pakistan authorities”, Srivastava said.

The consular officers, he said, were instructed not to hand over any document to Jadhav. As a result, the Indian consular officers could not obtain a power of attorney from Jadhav.

India has repeatedly requested Pakistan for relevant documents related to the case of Jadhav. Pakistan advised India that the relevant documents could be handed over only to an authorised Pakistani lawyer. Thereafter, India appointed a Pakistani lawyer to obtain the relevant documents.

“To our surprise, as advised by the Pakistani authorities, when the authorised Pakistani lawyer approached the concerned authorities, they declined to handover the documents to the lawyer,” the spokesperson said.

In the absence of an unimpeded and unhindered consular access as well as the relevant documents, as a last resort, India tried to file a petition on July 18. “However, our Pakistani lawyer informed that a review petition could not be filed in the absence of power of attorney and supporting documents related to the case of Jadhav,” he said.

Pakistan, the spokesperson said, also created confusion over the last date of filing a petition. Initially, they indicated that a petition has to be filed by no later than July 19. Subsequently, Pakistan indicated that the time limit to file a review petition shall expire on July 20.

Knowing the inadequacies and shortcomings in the ordinance, India had already shared its concerns earlier this month, including a considerable delay in informing India about its promulgation, with the Pakistan authorities.

“Pakistan took two weeks to inform us about this ordinance and shared the copy of the ordinance only after India requested for the same,” Srivastava said.

India, he added, has conveyed that the ordinance neither fulfils nor does it give complete weight to the judgment of the ICJ.

“With regard to the ordinance, it seems, Pakistan was non-serious in its approach and was not interested in implementing the judgment of the ICJ in letter and spirit,” the government spokesperson said.

The whole exercise of not providing any document related to the case even after repeated requests, not providing an unimpeded consular access and some reported unilateral action of approaching the high court on part of Pakistan again exposes the farcical nature of Pakistan’s approach, Srivastava said.

Meanwhile, media reports had quoted Foreign Minister Shah Mahmood Qureshi on July 17 as saying that that Islamabad had offered a third consular access to India for Kulbhushan Jadhav and a note verbale was sent meeting Delhi’s demand to not have a security personnel during the meeting.

However, the Indian government did not inform anything about the same.

On July 16, Pakistan had provided second consular access to Kulbhushan Jadhav at India’s request.

Following this, the Indian government officials in Islamabad met Kulbhushan Jadhav after they were reportedly assured “unimpeded and unconditional consular access” to the former naval officer, who has been sentenced to death by a Pakistan military court for his alleged involvement in espionage activities in 2016.

However, the Indian government later in the day, slammed Pakistan for intimidating and distressing its imprisoned citizen Kulbhushan Jadhav during the consular access granted to its officials.

Calling Pakistan “obstructive” and “insincere”, the Ministry of External Affairs in New Delhi said that the consular access was “neither meaningful nor credible”.

In a statement issued by the ministry, MEA spokesperson Anurag Srivastava said that the Indian consular officers were “not given unimpeded, unhindered and unconditional access” to Jadhav.

“On the contrary, Pakistani officials with an intimidating demeanour were present in close proximity of Jadhav and the consular officers despite protests from the Indian side. It was also evident from a camera that was visible that the conversation with Jadhav was being recorded,” the statement said.

“Jadhav himself was visibly under stress and indicated that clearly to the consular officers. The arrangements did not permit a free conversation between them. The consular officers could not engage Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation,” it added.

The first consular access under the Vienna Convention on Consular Relations (VCCR) 1963 was provided by Pakistan on September 2, last year. The mother and wife of Jadhav were allowed to meet him on December 25, 2017.

Over the past year, India has requested Pakistan more than 12 times to provide unimpeded, unhindered and unconditional consular access to Jadhav, who remains incarcerated in Pakistani custody since 2016.

Pakistan has claimed that it arrested Jadhav on 3 March 2016 when he attempted to cross over into the country from the Saravan border in Iran in pursuit of targets set by his RAW handlers. New Delhi has rubbished Pakistan’s claim, asserting that the Indian national was abducted by Pakistani agencies from Iran where he was running a business.

Pakistan subsequently conducted a farcical trial of Jadhav in a military court and sentenced him to death. Pakistan Army chief, Gen Qamar Javed Bajwa, had endorsed the death penalty for Jadhav in April 2017. Following this, India approached the ICJ.

The world court on July 17, last year, ordered Pakistan not to execute Kulbhushan Jadhav and directed “effective review and reconsideration” of his conviction and the sentence awarded to him by a military court.

The world court, while rejecting all objections raised by Pakistan, directed it to grant consular access to Jadhav “without further delay”, while holding that it had “breached” the Vienna Convention in this regard by denying him this right.

The ICJ, however, rejected India’s appeal for Jadhav’s release.

(With inputs from IANS)