THE strange saga of convicted Indian spy Kulbhushan Jadhav took a twist on Thursday when Pakistan offered diplomats from the Indian high commission consular access, but New Delhi’s officials walked out in a huff, claiming that Pakistan did not offer them “unimpeded access” to Jadhav. Even though consular access was offered a third time on Friday, it was uncertain whether the Indian side would accept. The Jadhav affair dates back to 2016, when the spy — apparently a serving Indian Navy officer — was caught in suspicious circumstances in Balochistan. The fact that an Indian individual was caught in such a sensitive location added to suspicions over his activities. The military’s PR wing later released a confessional statement attributed to Jadhav, in which he made some sensational disclosures. Apparently working under a Muslim cover name, Jadhav said he was overseeing some of the operations of RAW, the Indian intelligence agency, in Pakistan, particularly activities in Balochistan and Karachi. Based on these facts, Jadhav was awarded the death sentence by a military court in 2017, following which India went to the International Court of Justice. While the ICJ has stayed the execution and asked Pakistan to review the original verdict, the court also rejected India’s calls for his release.

From the above it is clear this is not an open-and-shut case, and the charges Jadhav has been tried on are very serious. Pakistan has done well by granting consular access, while it has also allowed the spy’s family members to meet him. However, the Indian attitude has, true to form, been quite rigid. The Indians claimed they were not allowed “free conversation” with the convict during Thursday’s meeting. As stated above, considering the charges he has been convicted of, it is naive to expect Pakistan to grant full access to him without taking security precautions. The foreign minister also reiterated the fact that “India’s attitude has always been negative in this regard”.

Instead of politicising the matter, India needs to work with Pakistan on this issue to ensure the ends of justice are met, and the ICJ verdict is respected. Rather than sulking and not availing the opportunity, the Indians need to take advantage of consular access Pakistan is offering. New Delhi should go ahead and file the review and reconsideration petition, as the Foreign Office has pointed out. If this issue is resolved through diplomatic norms and legal means, it could pave the way for the resolution of other tricky disputes between both neighbours. Certainly, due to the seriousness of the charges and the downturn in bilateral relations this will not be easy. But if both states behave like rational actors, a way out can be found. Clearly, if India is willing to deal with Pakistan with respect for its sovereignty, the deadlock can be broken.

Published in Dawn, July 18th, 2020