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ISLAMABAD: Defence Minister Khawaja Mohammad Asif has ruled out immediate execution of a convicted Indian spy and said three appellate forums are available to Kulbhushan Jadhav under the law.
He said that the trial of the Indian Navy officer — who was working for India’s Research and Analysis Wing (RAW) and was arrested in March last year — lasted three-and-a-half months. The charges he faced included spying for India, working against Pakistan’s integrity, sponsoring terrorism in the country and attempting to destabilise the state.
Speaking in the Senate on Tuesday, Mr Asif claimed that Jadhav had the right to move the army’s court of appeal against his conviction within 60 days, followed by submission of mercy pleas to the army chief and the president.
However, a perusal of the Army Act, 1952 showed that under Section 131 of the act, an appeal could be moved within 40 days, and not 60 days.
Rejecting the Indian claims that Jadhav’s execution would be “pre-meditated murder”, Mr Asif said that due process of law had been followed in the case.
The minister made it clear that elements involved in terrorist activities and those conspiring against the security and integrity of Pakistan would be allowed no concession, whether they lived in the country or came from across the border.
Says Gen Raheel has not yet applied for a no-objection certificate to work abroad
Pakistan’s high commissioner in New Delhi had already responded to India’s reaction over Jadhav’s conviction, he said. The government, the armed forces and the people have all resolved to defend the motherland.
He said that 200,000 troops had been deployed to the country’s western border and 80,000 to the Line of Control.
The minister said that no other country had suffered as much at the hands of terrorists as Pakistan, but added that its successes against the scourge of terrorism were also matchless.
Military alliance
The defence minister told the upper house of parliament that the much talked-about Saudi-led military alliance had not yet been established and that its terms of engagement and reference had yet to be given a final shape. A meeting of defence ministers of 41 proposed members of the alliance would be convened in Saudi Arabia in May where such matters would be finalised.
He said the government was committed to abiding by the parliament’s resolutions and declared that Pakistan was not going to become part of any alliance against Yemen. “We will become part of an alliance which is solely against terrorism,” he remarked.
Islamabad felt that Saudi Arabia had no intention of forming an alliance against any third country, Mr Asif said.
Pakistan, he said, would use its status as a nuclear-armed country for reconciliation among Muslim countries. Islamabad would be ready to play the role of a mediator, if needed.
Pakistan enjoyed brotherly relations with Saudi Arabia and its army was already in the country under an arrangement made in 1992, the minister said. The country’s air force and navy also had a presence in the kingdom.
About the appointment of former army chief retired General Raheel Sharif as head of the alliance, he said that under the rules a military officer had to seek a no-objection certificate (NOC) if he wished to serve abroad after retirement.
The previous PPP government, he said, had given an NOC to the former ISI chief retired General Ahmad Shuja Pasha to become adviser to the UAE government after his retirement.
He said General Sharif had yet to apply for an NOC. However, a letter had been received from the Saudi government about a month and a half ago in this connection, he said and added that “we have agreed in principle” over Gen Sharif’s appointment as chief of the alliance.
All concerns expressed by Iran in this regard would be removed, said the minister.
He referred to the recent visit of PM’s adviser on Foreign Affairs Sartaj Aziz to Iran and his meetings with the authorities there.
Mr Asif held the United States as responsible for creating divisions within the Muslim countries. “They support the ones who follow their agenda and those who resist become Qadhafi, Saddam and Bashar al-Assad.”
Senate Chairman Mian Raza Rabbani directed him to place before the house the contours of the military alliance and terms of engagement before their ratification by the cabinet.
Meanwhile, the parliamentary leader of the PPP in the house, Taj Haider, raised the issue of abduction of Asif Ali Zardari’s aides and the opposition staged a walkout in protest after Minister of State for Interior Baleeghur Rehman expressed his ignorance about details of the cases.
Published in Dawn, April 12th, 2017
Comments (104) Closed
Cold feet developed.
Good move to bring India on the negotiations table...
And the typical PMLN mukmuka begins.
If you guys keep getting scared from other powers , then you guys will never be able to fix your county.
Let us not call this weakness but sensible approach. Let us encourage right steps by each other and rather than mock.
PML-N did it again. It was expected of them.
Now game has started .... let see..
I knew this would happen....!!!
Here we go again
Expected due to global outrage on the issue.
no clear cut policy when it comes to espionage. It is India, not USA..
what Indians would have done in case they would have captured a spy in their land .. If we are doing for the sake of friendship well and good but...Friendship- my definition- is built on two things. Respect and trust. Both elements have to be there. And it has to be mutual. You can have respect for someone, but if you don't have trust, the friendship will crumble.
Perhaps the U-turn has been taken "in the best national interests".
Let him go through the trial following international laws or Pakistan's civilian courts. Indian believe he is not a spy. If you found he is a spy, prove that.
Hope better sense prevail.
@Sab se pehle pakistan Please Stop blaming civilian PMLN government which wants good relationship with its neighbors.
@Sab se pehle pakistan Its people like you that India and Pakistan haven't been able to have friendly relationship. I request you to support friendship with India and a friendly decision by government should be supported.
@VGP who said anything about pressure. No execution has been stayed; he has 40 days to appeal. It's a formality. I doubt his appeal will be accepted, given his crimes.
"The Spy Who Carried Valid Passport" (sounds like a Bond Movie)
@Good POINT agreed
How this leads to regional peace
@Good guy... really you think this gonna happen?
How can one have a good relationship with a neighbor who is bent upon destroying your home, and heaps garbage on you at every given oppurtunity?
The Indian, self confessed saboteur , has been convicted by a court of law, albeit a military court martial, with provision of defence council. Let the law take it's course. He has the right of appeal, and finally filing a mercy petition if his appeal is rejected. Let's not jump the gun and start pointing fingers or going berserk , as the Indians have done, and were expected to do. Let them. Be prepared for their worst behavior but at the same time, let's stand united and firm. No one, but no one can be allowed to destabilize our mother land.
Should this be considered as a pressure or is there any dirty game being played on the name of this human's life?
@Good guy... really ,
Can we the Pakistanis for just once remain united in our comments, suggestions and responses on what is a matter of national importance!! Firstly, Jadhav has every right to appeal his conviction and sentence and Pakistan must ensure due process and transparency in the matter. It is stupid of the Indians to respond with nonsensical threats instead of seeking clemency which would increase the chances of saving their spy. In the end we must remember that the only ultimate course is through negotiations. However in the meantime we must let the Indians know that their threats do not scare us!
I have no sympathy with any one, whose acts killed many many innocent humans.
Sham trials are a violation of human rights and will also lead to proceedings before the International Court of Justice.
@Good guy... These cheap tactics are done street rouges not by civilized society !!!
Not immediate nor late....you have to pay unimaginable heavy price.This is modi government in India.
All TOPI Drama from both ends.
Khawaja! How brave are YOU...
As per Vienna Convention on Diplomatic Relations, article 36 prohibits death sentence to Spy's.
@imtiaz hydari Though I appreciate your comment in principle, do not forget that you have not shown the outside world what have been Jadhav's crimes. Just picking someone and fabricating a story around him sets a wrong precedence. One of your ex-intelligence officer is missing in Nepal and I will not be surprised if he is made to pop up somewhere in India "spying". You know where this is headed. Hope sanity prevails on both sides and both these ex-officers are mutually released.
Every pakistani please understand save water
@Good guy... What makes you think, India will come to negotiate? With threats?
@Pankaj We are enjoying the empty rhetoric coming from all and sundry. You are dealing with Pakistan, dont ever forget that. Learn a lesson and dont do it again. Modi or any other, they are just Indians. We know how to deal with them all. We are their nemesis until Kashmir is resolved according to kashmiris wishes.
Let me take my nationalistic hat off for a moment, and I request the people from across the border to do the same. Weather Mr Yadav is guilty or not ; in the grand scheme of things, situation between the two countries is dangerously heading towards a conflict. War, limited or full scale, is not a good thing and has severe consequences. Kashmir this summer will boil for sure and India will blame it on Pakistan regardless off their behind-the-closed-door analysis. This will further deteriorate the situation. Indians need to understand Pakistan cannot convince half a million Kashmiris to show up for Vani's funeral. There is some internal soul searching required on whats going on. Hope sanity prevails and situation defuses. For Yadav, he will stay in jail like Sarabjeet, Kashmir Singh and others until next 25 or 30 years. He wont be hanged like others.
@Ananthan. Take a deep breath and think for a moment. Then ask this question to yourself and if you can pleaese ask it to your govenment as well. What the hell was he doing in Iran with a fake name registred in an Indian passport (Hussein Mubarik Patel) while his actual name is Kulbhushan Jadav? Why should he be doing business in Iran with a fake ID? This is not legal isn't it. Is this not enough to be suspicious about this person. Indeed he was a Spy and got arrested in Pakistan. He must meet his fate as rightly said by the defence minister. Death sentence to him will act as a deterrant to terrorists inside or outside Pakistan. We should not be receving lessons on humainty from India. Your humainity is fully exposed on how you deal with unarmed Kashmiris. Remember you even didnt let family of Afzal Guru to bury him. Leave burying but even didnt let him talk to his family one last time when it is a norm in civilized socities.
@kumar "As per Vienna Convention on Diplomatic Relations, article 36 prohibits death sentence to Spy's."
India is not party to Vienna Convention. Its provisions do not apply to Indian citizens. Your government does not tell you everything; does it?
P.S. Pakistan is signatory to Vienna Convention but has not ratified yet so it is also not legally binding for us.
P.P.S. There is no mention of spies in article 36 of Vienna Convention!
They never had the balls for this in the first place.
@QU ..There is no global outrage stop exaggerating,India is not the Globe!!.
@Anwar Mahmood Prove it in an open court and others will support. convicting someone in such an opaque manner merely demonstrates Jadhav's innocence.
The international legitimate value of military court is null. Pakistan has independent judiciary system, than why military?
I am 99% sure that he will not be executed . He will be used by Pakistan as a bargaining chip and to further its case against India's interference in Baluchistan and Karachi. Its a goose laying golden eggs, why would Pakistan want to execute him. Pakistan has every right to do that and attract the ire of the world. Its better to play it up in international media which unfortunately our civilian government has failed to do so far
One thing we have learnt from Indians is to drag out terror cases like these for maximum international exposure :)
Mr Asif held the United States as responsible for creating divisions within the Muslim countries. “They support the ones who follow their agenda and those who resist become Qadhafi, Saddam and Bashar al-Assad.”
Some harsh word said against America from the floor of parliament.
Rule of law must be followed and this Indian should be given all the chances to explore the provisions available to him under PAKISTANI LAW. So when the time comes, no one including Indian government can moan about the law not being followed.
This shows the power of Indian diplomacy, Wait and watch , I bet Kulbhushan will be not hanged for sure
@Sarath Everybody knows..
Perhaps too late, but let Indian Authorities establish why K. Jadhav confessed to the crime.
Pls follow the legal process. Allow consulate access. If proved guilty, take any action as is warranted. Love from India.
Capital punishments including for spies do not resolve the issues. Commute his death sentence to life imprisonment or minimum 25 years.
@ ZAK
You are brave and no doubt about that. But it is just a reminder that now the Government has changed and all this will not work. A caution and nothing else. Take good care .
There's not going to be any execution. Exchange ? May be but no execution.
Will be good if law takes its course. For Pakistan, it should not be another Raymond Davis (just like India, releasing Italian Navy officials - who killed poor fisherman/men).
@Kuldip virk .... Look who is talking! Perhaps you forgot your govt. got scared with Italians and ended up releasing 2 Italian naval officers. What happened to that case?
@Kuldip virk , who says anybody is scared, it is justice taking its course, am sure you can understand that much .
@QU , where was the global outrage when innocent children in Peshawar were slaughtered.
@Viking Star that was politics to gain entry into MTCR....hope u know what it is.
@imtiaz hydari How about letting Pak government know that he should be tried in a civilian court like every civilized country
@Dr.Sadaf Well said Sir. People seem to have forgotten the Peshawar killings of 135 children. India clearly supports TTP from inside Afghanistan. The evidence is out there for all to see.
Any one who kills innocents must be punished. What amused me is that the speed of trial. There is endless postponement in trial of 26/11 Mumbai terror accused and perpetrators are roaming Scot free. Pls no double standard. We can not win war against terrorism.
as a Pakistani I will advice India to use proper forum like Supreme Court or world court of justice instead of threatening Pakistan, which has the right to protect itself from spies. If your case is strong then the world justice court can help you. And if you don't want to move to the world court of justice then it means the punishment is right
Let us not kill a spy. Spying is a normal thing on the international stage. USA never gave capital punishment to Soviet spies or vice versa. It could not stopped even during world wars. Let him get punishment and then send him back.
@azmat shah Bargaining with PM Modi ? best of luck for it
@Ahmed MR.AHMED YOU ARE RIGHT !!! this a correct decision
Sensible move by Pak.
Pakistan cannot treat a foreign national from India who is accused of crime in Pakistan and local Pakistani national of committing crime in Pakistan in the same way. Foreign nationals here in this case Kulbushan Jadhav who is an Indian citizen comes under International law(Vienna Convention) and not Pakistani law. Foreign national should be given counselor access and tried them under International law.
According to Vienna convention
Article 36. Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention.
https://en.wikipedia.org/wiki/ViennaConventiononConsularRelations
@zak very weak mind
Calm down laptop commentators... Khawaja Asif just highlighted that there is a legal due process....
@BEYONDSKY his passpoet has the fake name on it
Excellent statement. Due process of law is a must in cases like this in all civilized societies of the world including the Islamic Republic of Pakistan.
India: It's not gonna happen! Mr. Kulbhushan will be released by Pakistan on a goodwill gesture!
@zak ...Good comment Zak. Proud of you.
@Dr. Salaria, Aamir Ahmad Doc surprised that you did not invoke "movers and shakers" in New Delhi. Very strange.
@M. IRFaN ...lol good point.
@QU "Expected to global out rage on the issue ". What global outrage? Any reference apart from lioness Swaraj's roar?
Kulbushan Jadhav needs to be given counselor access and he needs to be tired under civilian courts.
By Law he can not be executed until the time of plea expires . he should and will be given all legal options before execution takes place .
Kulbushan Jadhav needs to be retried under civilian court for justice.
Let him be tried under International court of Justice(ICJ), a neutral court not belonging to India or Pakistan.
@Pankaj dude we don't give a damn about your threats Pakistan is not Bhutan or Bangladesh we have world top ten military power so I guess better be realistic than hyper patriotic
@Factual "P.P.S. There is no mention of spies in article 36 of Vienna Convention!"
unless a fair trial is conducted in a civilian court, it cannot be established that he is a spy.
I urge Pakistan to not drag their feet on complying with something basic such as the Vienna convention which is meant to protect human rights of captives.
@Nazir. Since when have your governments past and present behaved in a manner asserted by international norms and standards.The foreign policies of all your governments have left a lot to be desired.I suggest you get your head out of the sand and face the reality.
If only Pakistan had shown the same resilience and determination that is being shown by India on this issue, then maybe Dr Affia would be on home soil right now!!
@Good POINT
Granting India Consular Access and having him tried in an Open Court is a Good Start...The Optics and Lip Service is not going to help..
Jai Hind!!!!!!
I personally Lauds the step taken by Khwaja and military about jadavs execution. I think he should be executed immediately as it was confirmed about he is spying for India working against Pakistan's integrity and sponsoring terrorism more over also involved in destabilizing the country. when he himself accepted that he was involved in such subversive atrocities nothing left for further interrogation and confirmation. repercussion is always expected and I think I understood and there should be no chance of clemency no chance of Mercy pleas, as it's the matter of countries integrity though India has to suffer dejection
May Truth prevail. [Most of us do not & will never know the 'full picture']
He is responsible for innocent lives They want him off the hook How does this work India
@khangee Bro. Its not that easy. I really hope that we have the proof. The whole world is watching this now.
@khangee - India can capture "spy" and give same punishment. This will be never ending game. In game of spying no country is saint
@Aftab too many meanings to comprehend.
@imtiaz hydari follow the law, simple.
Just today Indian coastguards have rescued 3 Pakistani marine camando, but unfortunately could not rescue one and hi perished and said they will treat the solders and hand them back to pak. Such a friendly justure.
@kumar
Nowhere in Vienna Convention on Diplomatic Relations is mentioned the word 'spy' even once. Stop trolling, and know who you are talking to! Thanks.
@Dr.Sadaf whole world was standing with youll in that moment of grief. But was he responsible for that? I thought that your media reported that it was pakistanis who were responsible for that and zarb e azb was in response to that. Am i mistaken or are we mixing too many things here.
@raouf Ahmed atleast you agreed that he was in Iran. Now lets get further at dissecting these..at different times, pakistani ispr said he was caught at different places that are 900 kilometers apart. How did this happen? Was he caught in iran which goes against pakistani versions? If the whole story of him being captured is made up, how difficult is it to makeup passports? Can youbplease ask this to your ispr as civilian government has become a namesake in your country.
If he is involved in the killing of innocent people, he should be executed after completion of legal formalities.
@zak ok.
@zash... we are so scared.
@Ayub Correct!If he is involved in the killing of innocent people, he should be punished after completion of legal formalities. Have evidence acceptable to law courts of the world! THEN only
Please Pakistan let him go, and lets start a new new IndoPak relation. Become strong together a Force. I just imagine what if India Pakistan become brothers like we are, just gives me goosebumps what a great day that would be!! I know many India also want that happen.
Love from Pakistan to all my Indian Shanti loving family.
@PRO from "vienna convention on consular relations": Article 36. Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention.
A dead Jadhav is of no use to Pakistan. Better to use him as a bargaining chip. I don't know if he is a spy or not. I am sure Pakistan has spys in India and some are going to be caught someday. Spys are like soldiers employed by all nations. They risk their lives, but if they get caught in the process, it is better to exchange them rather than execute them.
How can u charge him for working for Indian govt (Raw)?