Kulbhushan Jadhav
Kulbhushan Jadhav | |
---|---|
Born | Naval officer (Pakistani claim) Ex-naval officer (Indian claim) | 16 April 1970
Years active | 2003–2016 |
Spouse | Chetankul Jadhav[2] |
Parent(s) | Sudhir Jadhav (father)[3] Avanti Jadhav (mother)[4] |
Military career | |
Service/ | Indian Navy |
Years of service | 1987–present (Pakistani claim)[5] 1987–2001 (Indian claim) |
Rank | Commander |
Kulbhushan Sudhir Jadhav (also spelled Kulbhushan Yadav, alleged alias Hussain Mubarak Patel)[6][7][8] (born 16 April 1970) is an Indian national who has been incarcerated in Pakistan since 2016. The Pakistani government alleges that he is a spy for India's intelligence agency, the Research and Analysis Wing and was arrested in the Pakistani province of Balochistan.[9][10] The Indian foreign ministry says that he was kidnapped from Iran and illegally rendered to Pakistan.[11]
The Pakistani government stated that he was a commander in the Indian Navy who was involved in subversive activities inside Pakistan and was arrested on 3 March 2016 during a counter-intelligence operation in Balochistan.[12][13] The Indian government recognised Jadhav as a former naval officer but denied any current links with him and maintained that he took premature retirement.[14][15][16]
On 10 April 2017, Jadhav was sentenced to death by a Field General Court Martial in Pakistan.[17][18] On 18 May 2017, the International Court of Justice stayed the execution pending the final judgement on the case.[19][20] On 17 July 2019, the court rejected India's appeal for Jadhav's release and ordered Pakistan to suspend the execution. It ruled that Pakistan will have to review the entire process of trial and conviction of Kulbhushan Jadhav and provide India with consular access.[21] Pakistan allowed one Indian Consulate visit to Jadhav, but subsequent visits have been denied.[22]
Background
Jadhav was born to a Marathi family in Sangli, Maharashtra, on 16 April 1970 to Sudhir and Avanti Jadhav.[3][4][23] His father is a retired Mumbai Police officer.[4][24]
Jadhav is married and has two children.
Pakistani media has also reported that he began to gather information and intelligence within India after the 2001 attack on the Parliament of India. After 14 years of service, he was inducted into intelligence operations in 2003 and established a small business in Chabahar in Iran from where he made several undetected visits to Karachi and Balochistan.[26][27][28]
Arrest
According to the Pakistani government, on 3 March 2016, Jadhav was arrested inside Balochistan in Mashkel near the border region of Chaman. He was arrested during a counterintelligence raid conducted by security forces.[9][29][30] India denied the claim and said he was abducted from Iran.[11]
Pakistani security forces reported Jadhav as a serving officer in the Indian Navy and stated that he was commissioned to the
Activities
Pakistan stated that Jadhav entered Chabahar with a visa stamped on a fake passport numbered L9630722 in 2003 where he got a new identity of Hussain Mubarak Patel – born on 30 August 1968, from Maharashtra, India.[7] Pakistani officials claimed that his job was to destabilise Pakistan by strengthening a separatist movement in Balochistan and Karachi – a mission which officially began in 2013.[7]
Balochistan Home Minister
During interrogation Jadhav also reportedly revealed that at
Indian government reaction
The Indian
The family of Kulbhushan Jadhav and those who knew him stated that they never knew that Jadhav had left Indian Navy and had started his own business.[39]
Media coverage
According to Indian sources, Jadhav was abducted by Pakistan's forces from the
According to Indian officials, Jadhav owned a cargo business in Iran and had been working out of Bandar Abbas and Chabahar ports. "It appears that he strayed into Pakistani waters. But there is also a possibility that he was lured into Pakistan sometime back and fake documents were created for him by the ISI."[38]
Some Indian intelligence officials also alleged that Jadhav was abducted from the Iran–Pakistan border by an extremist radical group called
Indian author and journalist
According to the Pakistani newspaper
In April 2016, Islamabad briefed diplomats of various countries regarding Jadhav's arrest and his claimed involvement in terrorist activities. The evidence was also shared with the United States and the United Kingdom. Separately, Pakistan's Interior Minister
According to the Indian newspaper and news channel NDTV, in December 2016, Sartaj Aziz, who functioned as the then Pakistan's Foreign Minister, told members of the country's senate that there was insufficient evidence presented of Jadhav's alleged espionage. "What the dossier contained on Indian spy Kulbhushan Yadav were mere statements. It did not have any conclusive evidence." and that they were waiting for more details.[47]
In January 2019, Vikram Sood who headed R&AW from 2000-2003 claimed that Pakistan had no leverage over India on Jadhav. He claimed, "No spy worth his salt will be caught with his passport. The charges against him are laughable."[48]
Confession video
During the joint conference held by the army and the government, a video confession by Jadhav was made public. Jadhav in the video alleged to have said that the Indian intelligence agency RAW was involved in destabilising Pakistan. He also said that he was a serving officer of the Indian Navy and was working in Pakistan at the behest of the RAW.[28][36][35]
Referring to the video,
I am still a serving officer in the Indian Navy and will be due for retirement in 2022. By 2002, I commenced intelligence operations. In 2003, I established a small business in Chabahar in Iran. As I was able to achieve undetected existence and visits to Karachi in 2003 and 2004 and having done some basic assignments within India for RAW, I was picked up by RAW in 2013.
In the video, Jadhav also revealed that he had been directing various activities in Karachi and Balochistan on instructions from RAW since 2013 and had a role in the deteriorating law and order situation in Karachi.[35] While giving details of these activities, Jadhav said:[28][35]
These activities have been of anti-national or terrorist nature which resulted in the killing and wounding of Pakistani citizens.
India has rejected the video confession. Union Minister Kiren Rijiju claimed, "It is a completely doctored video, fake video made by Pakistan. They are just cooking up stories and doctoring videos to defame India."[15][49][50] Indian agencies have claimed that the video released by Pakistan was heavily edited and the audio has been spliced in several places.[16]
Role of Iran
On 3 April, it was reported that Iran was investigating whether Jadhav crossed the Pakistan-Iran border illegally after the matter was taken up by Pakistani officials in Hassan Rouhani's visit to Islamabad.[51] However, Rouhani denied the report as a rumor, saying that the matter was not even mentioned.[52] Iranian Ambassador to India Gholamreza Ansari said that Iran was probing into the matter. He said that once Iran completes the investigation, it will share the reports with "friendly countries".[53] The Iranian embassy in Pakistan criticised "certain elements in Pakistan" for spreading "undignified and offensive" remarks that were attributed to Rouhani and added that these rumours "will not impact the positive views of the two countries regarding each other" as Pakistan had proven to be Iran's "trusted partner and neighbour".[54]
Sentence
On 10 April 2017, Jadhav was
India accused Pakistan of denying consular access to Jadhav despite several requests. Pakistan, it was said, had also not informed India about Jadhav's trial.[11] As of 2 July 2017, the number of denied consular access stood at 18.[59]
Following the sentencing, the government of India summoned Pakistani High Commissioner to India, Abdul Basit and issued a demarche stating that the proceedings that led to Jadhav's sentencing were farcical and that India would regard Jadhav's execution as murder in the first degree.[6] Basit replied to the Indian foreign secretary that "on the one hand you perpetrate terrorism in Pakistan, and record a protest against us on the other. We have not done anything wrong. A terrorist must be punished."[60]
In an interview to India Today, Basit said Pakistan held sufficient evidence against Jadhav and that it was shared with the Indian government. He also said that Jadhav was given a fair trial, including the right to seek clemency.[58] This was in contrast to his stand before the senate in December 2016.[47]
In a statement issued in the
During a briefing to the Senate of Pakistan, Pakistani defence minister Khawaja Asif stated that Jadhav's prosecution followed due legal process based on the country's laws, rules, and regulations and "there was nothing in the legal proceedings that were against the law." He said that Jadhav had been provided a defending officer throughout the course of his trial.[63] He rejected India's accusations of terming the trial a "premeditated murder".[63] Asif added that Pakistan would allow no concessions to elements who threatened its security and stability, from inside the country or across the border.[63][57]
International Court of Justice
In May 2017, India approached the International Court of Justice (ICJ), asserting that Pakistani authorities were denying India its right of consular access to Jadhav in violation of the Vienna Convention.[64][65]
The ICJ proceedings began in The Hague on 15 May to review the case. India and Pakistan both sent their legal teams to put forward their arguments, led by Harish Salve and Khawar Qureshi respectively.[66] On 18 May 2017, the International Court of Justice stayed the hanging of Jadhav.[19]
On 22 June 2017, Pakistani sources confirmed that Jadhav had sought clemency from the country's army chief following his conviction. Pakistan also released a new confessional video of Jadhav, in which he stated that he visited Karachi twice for gathering intelligence on naval facilities. He also admitted to supporting and funding, on behalf of India's RAW, Baloch militants affiliated with the
On 25 December, Jadhav's mother and wife met Jadhav in Islamabad after being allowed permission by Pakistani authorities.[71] India subsequently denounced Pakistan for its handling of the visit of the wife and mother of Jadhav, saying they were harassed and prevented from talking to Jadhav freely.[72]
India moved to the International Court of Justice (ICJ), which after deliberation stayed the execution of the sentence passed by the Pakistani military court, the ICJ also found a violation of Vienna Convention on Diplomatic Relations by Pakistan and directed Pakistan to provide consular access to Kulbhushan Jadhav in its July 2019 verdict.[73][74]
See also
- India–Pakistan relations
- Ravindra Kaushik, a RAW agent arrested in Pakistan
- Sarabjit Singh, an Indian arrested on terrorism and espionage charges in Pakistan
- Kashmir Singh, an Indian spy arrested in Pakistan
- Indians in Pakistan
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