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Indian HC files appeal in FO against Jadhav’s death penalty

Updated Apr 27, 2017 11:08am


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ISLAMABAD: The Indian High Commission on Wednesday submitted an appeal to the Foreign Office against the death penalty awarded to Indian spy Kulbhushan Jadhav by a military tribunal.

“Appeal, in Kulbhushan Jadhav case, filed by High Commissioner Gautam Bambawale with Pakistan’s Foreign Secretary in Islamabad today,” the Indian High Commission tweeted after the envoy visited the FO.

There was no word from the FO on the meeting.

Read: To what lengths will India go to save Jadhav?

This was the Indian envoy’s second visit to the FO in connection with Jadhav’s death sentence. During his last visit, he had submitted a request for consular access to Jadhav.

The same request was made this time as well.

The Indian external affairs ministry (EAM) in a statement from New Delhi said Mr Bambawale had delivered to Foreign Secretary Tehmina Janjua a petition from Jadhav’s mother for the appellate court. The spy’s mother has also sought the Pakistani government’s intercession in the case for his release.

“The High Commissioner handed over a petition by the mother of Shri Kulbhushan Jadhav to the Federal Government of Pakistan. Also handed over was an appeal by the mother to the Court of Appeal,” the EAM statement said, adding that Jadhav’s mother “has requested the intervention of the Federal Government of Pakistan for his release and has expressed the desire to meet him”.

Army Chief Gen Qamar Bajwa had on April 10 confirmed the death sentence awarded to Jadhav by Field General Court Martial after trying him under the Pakistan Army Act for his involvement in espionage and sabotage activities in Pakistan.

Jadhav had got 40 days to appeal the sentence beginning the ratification of death penalty by the army chief.

His mother’s appeal for the appellate court may not be the right way to proceed because under the military’s legal system, the convict has to do it himself and is issued a document for filing appeal at the time of his sentencing.

“It is a violation of the Army Act,” military law expert retired Col Inam-ur-Raheem said, adding that in military the appeal process had to be initiated by the convict, possibly with the help of a counsel.

However, he noted that in the civilian judicial process, appeals could be filed by someone related to the convict. Petitions against decisions by military courts trying civilians accused of terrorism, he recalled, were filed by the parents of the convicts.

High Commissioner Bambawale, meanwhile, has also asked the Foreign Office for facilitation in visas for Jadhav’s parents so that they could travel to Pakistan for pursuing the appeals process.

“They have applied for necessary visas with the Pakistan High Commission in New Delhi,” the statement said. The same was also conveyed to Pakistan’s high commissioner in Delhi.

Published in Dawn, April 27th, 2017


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Comments (16) Closed

KK Apr 27, 2017 10:50am

India is giving you full opportunity to address its concern for Jadav in a civilised way. Now it is upto you to take it or leave it.

d.kumar. Apr 27, 2017 11:11am

Indian Authorities approach to Pakistani authorities for Jadhav is appreciable and now Pakistan has to act on this with sympathetic consideration.

Saif Zulfiqar Apr 27, 2017 11:46am

@KK, Did Pakistan asked for opportunity? Rest assured that Jadhav will be guest of Pakistan in jail for the rest of his life.

Saif Zulfiqar Apr 27, 2017 11:49am

@d.kumar. Not the Indian authority but Jadhav has to file petition as per court judgement before it is too late.

Az Apr 27, 2017 12:12pm

@KK the right way is to appeal himself . He is not someone who had been caught fishing in foreign waters...Isn't it clear enough!!!

Sachin Srivastava Apr 27, 2017 12:20pm

Even if he is an spy , it is worth appreciating the concern Govt. of India is showing towards him. Otherwise , the normal SOP is to simply disown him. We must encourage civilised efforts by Govt. of India to release Jadhav. In fact, good gesture by Pakistan may help in kick starting the dialogue process once again.

Raja Farhat abbas Apr 27, 2017 12:48pm

@KK ...Don't try these veiled threats here,you are not even an Indian official at that remember!!.

DAWN READER Apr 27, 2017 01:04pm

@KK CHORI OWR SEENA ZORI! Killer of many innocent people of Pakistan should get the punishment he deserves.

DAWN READER Apr 27, 2017 01:09pm

@d.kumar. A killer of innocent people deserves no sympathy at all, any sympathy with the killer will be grave injustice to those got killed by him directly or indirectly.

aj Apr 27, 2017 01:23pm

@d.kumar. We don't care about your approach specially for a spy who was involved in mass murder. Get over the fact he is no innocent tourist. India is only getting taste of her own medicine good riddance!

KASHMIRI PANDIT Apr 27, 2017 02:03pm

This is going to get worse!!! Pakistan should understand the concerns and solve the issue of Jadhav asap...

Prespective Apr 27, 2017 03:03pm

@KASHMIRI PANDIT It will even get more worse for India, if they don't understand the consequence of doing espionage and terrorism...

satt Apr 27, 2017 03:17pm

Let his mother meet him.

AK Apr 27, 2017 03:32pm

@satt No! He is a killer of innocent Pakistanis and justice needs to be served soon or else it's no justice done to the family members of innocent Pakistanis killed by his acts. Think twice before sending more like him, they will all end up like this Indian spy.

Jawad Apr 27, 2017 06:24pm

Bravo! This is the way india protect its citizens

DIL Apr 27, 2017 07:18pm

@KK this is not how your appeal for Marcy!