Kulbhushan Sudhir Jadhav: Trial of an Alleged Spy has been edited by Ruhaan Shah.
This Thursday, the International Court of Justice (ICJ) asked Pakistan not to execute alleged spy, K. Jadhav pending its final decision. And ordered them to inform it of the steps taken to implement the decree. And India did something, well, Indian. We googled Kulbhushan Jadhav. Who is Mr Jadhav and what was his crime?
To answer that fundamental question, he is an Indian who was supposedly picked up by the Indian intelligence agency Research and Analysis Wing (RAW) in 2013. He has been directing various subversive activities in Karachi and Baluchistan ever since. But then came March, the third 2016. The day Mr Jadhav was arrested on charges of terrorism and spying for India.
Things spiralled from therein. India repeatedly requested consular access to Mr Jadhav after the arrest. India also demanded a certified copy of the charge sheet and judgment. But Pakistan denied India’s request 13 times. India tried its best to keep the Aman ki Asha alive with Pakistan but failed miserably. And Mr Jadhav was tried in a military court. Three and a half months later, Pakistan found Mr Jadhav guilty and sentenced capital punishment on 10th April 2017. In the wake of this, India cancelled maritime talks with Pakistan scheduled for April 17. A classic move from Indian Government—Pakistan Government does not help, stop talking to them like kids and refrain to pointing fingers at Pakistan for harbouring terrorists.
We soon realised that without international interference, India would remain a victim of defeatism in foreign policies. And after 13 months of trying to negotiate with Pakistan, India approached ICJ. India knocked at the door of ICJ invoking provisions of Article 36 of the Vienna Convention with hopes for a fair trial.
The thing that awes me the most is the time Pakistan took to declare Mr Jadhav guilty. He survived three and a half months before being sentenced to death by a Field General Court Martial (FGCM). They took three months to sentence death to an alleged RAW agent whilst India takes four years to hang a terrorist. Pakistan 1. India 0?
This raises another issue, Why is the Indian Judicial system this slow to deliver its verdict. It took us five years to give Nirbhaya justice, and some of the cases are still hanging dry even though proof is available.
No, this is not a rant against the Indian Judicial system. This is a common man asking questions that matter instead of the likes of why Kattappa killed Bahubali.
Skip to this Thursday, 18th May 2017, when ICJ ordered Pakistan not to execute alleged spy Jadhav. A moral and legal victory for India. But when Pakistan was knocked out by Harish Salve in round one, they reverted to creating political chaos to mask internal turmoil.
Many Pakistani politicians denounced the spineless government incapable of standing up to India’s aggression. Whilst it was not enough, some even compared Jadhav to Kasab and condemned the present Pakistani government for answering to ICJ when called upon.
There were some Pakistani citizens (and Indians as well) who criticised Khawar Qureshi for charging 5 Lakh Pounds. This in my view is not an enormous amount for a Pakistani Lawyer representing a case in ICJ. He has to go there, stay there and provide services; all will be done for this fee. Comparing Pakistani lawyer with his Indian counterpart does not seem fair. The question of the hour should not be “Mai Jyada Patriot” or “Maine kam paise liye,” it should be how would we bring our compatriot back home.
It is said that “A lie can travel halfway around the world while the truth is putting on its shoes” which seems to be the case right now. But I insist Mr Harish Salve looks at that one rupee note he was paid with. For it is inscribed with what India stands for- सत्यमेव जयते (Truth alone triumphs).
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