After death sentence, what are Kulbhushan Jadhav’s options under Pakistan laws?

Pakistan on Friday listed the options available to Indian national Kulbhushan Jadhav to appeal against the death sentence given to him by a military court on charges of espionage.

Updated on: Apr 18, 2017, 19:17:47 IST

Hindustan Times, New Delhi | By Rezaul H Laskar

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Pakistan on Friday listed the options available to Indian national Kulbhushan Jadhav to appeal against the death sentence given to him by a military court on charges of espionage.

People shout slogans during a protest against the conviction of Kulbhushan Jadhav, in Mumbai. (AP Photo)

Sartaj Aziz, the foreign affairs adviser to the prime minister, told a news briefing that the former Indian Navy officer was allegedly “responsible for espionage, sabotage and terrorism” and had been tried according to the law of the land.

Aziz, who read from a statement and did not take questions from the media, then listed the options available to Jadhav under Pakistani law.

“He has the right to appeal within 40 days to an appellate court. He may lodge a mercy petition to the (army chief) within 60 days of the decision by the appellate court,” Aziz said.

“He may lodge a mercy petition to the President of Pakistan within 90 days after the decision of (the army chief) on the mercy petition.”

India has strongly criticised Pakistan for not sharing Jadhav’s whereabouts and details of his condition. It also criticised Pakistan for not adhering to the international norm of providing consular access to a prisoner despite the two countries having an agreement on the issue.

New Delhi has also said that if Islamabad goes ahead with the execution of Jadhav, it would be tantamount to premeditated murder.

Jadhav was reportedly captured in Balochistan in March last year. He was tried by a field general court martial or an army court under provisions of the Pakistan Army Act and the Official Secrets Act.

Aziz said Jhadav was provided with “legal counsel in accordance with provisions of our law” and that he reportedly confessed before a magistrate and the army court that he was tasked by Indian intelligence to “plan, coordinate and organise espionage and sabotage activities”.

Aziz said all political parties of Pakistan were unanimous that the death sentence given to Jadhav was “the correct decision” and the “whole nation is solidly united against any threat to Pakistan’s security”.

ABOUT THE AUTHOR
Rezaul H Laskar
Rezaul Hasan Laskar is Foreign Editor with the Hindustan Times, which he joined in 2015. He began as a journalist in his hometown of Shillong in northeast India and has worked in newspapers and wire services over the years. He moved to New Delhi in 1997 and initially focused on defence, national security, Jammu and Kashmir and the northeast, while also working of foreign policy and international relations. He has been part of the media delegation accompanying PMs on foreign visits and has reported from destinations ranging from Tibet to Ukraine. Between 2007 and 2013, he was the Press Trust of India correspondent in Pakistan, one of only two Indian journalists allowed to report from the country. He extensively covered Pakistan’s domestic politics and the life of the common people, as well as the fallout of the 2008 Mumbai attacks on India-Pakistan relations and the subsequent trial in Pakistan of the suspects involved in the attack. As part of his reportage in Pakistan, he travelled the breadth of the country, from the Swat Valley to Balochistan. Reza’s first gig in journalism was writing a weekly music column, and music – especially classic rock – remains a keen interest. He is also a movie buff and a keen photographer.Read More

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