Kulbhushan Jadhav: The Indian Terrorist
From violating Pakistan’s airspace to the ground space, India has been blatantly threatening the sovereignty and integrity of Pakistan. In 2016, Indian spy Kulbhushan Jadhav, who was the serving officer of Indian Navy, was caught red handedly from Baluchistan under the charges of terrorism and espionage. During the detainment, he accepted the fact that he started working after the Mumbai attacks of 2001 and started building his network from Iran in 2003. He further admitted that he entered Pakistan from Iran under the Muslim name Hussain Mubarak Patel and had been involved in spying and espionage. Kulbhushan also confessed that he worked for Research Analysis Wing of India (RAW). RAW funded him to the tune of $500 million to disrupt the peace of Pakistan and to sponsor terrorism in Pakistan.
Kulbhushan was sentenced to death in 2017 by a military tribunal but India had taken this issue to the ICJ (International Court of Justice) and had demanded and is still demanding acquittal of the spy Jadhav, whom India calls the son of soil. However, ICJ has restrained Pakistan from any further step till the case is adjudicated.
The last hearing of ICJ was held in Feb 2019, and the court is likely to announce the verdict of Jadhav case in near future. India is trying her utmost efforts to secure her spy Commander Kulbhushan Jadhav which is in contrast to the international law. India accused Pakistan of not giving consular access to Jadhav and not treating Jadhav as per Vienna Convention. The Indian government further said that military courts can’t sentence anybody to death.
Pakistan -in a counter memorial to the Indian claim pertaining to Vienna Convention- has told the International Court of Justice (ICJ) that Vienna Convention on Consular Relations, 1963, applies only to the legitimate visitors and does not cover clandestine operations.
However, Pakistan maintains the stance that Jadhav was not only a spy but he had been involved in terrorism activities. It is a known fact that Kulbhushan Enterprise was directly responsible for 1345 killings of innocent Pakistanis and injury to 7500 Pakistanis, financial cost to Pakistan has been approximately 3 billion USDs. Moreover, India must know that according to the 21stand 23rdamendment to the constitution of Pakistan, Military courts were established to handle the terrorism cases and Indian commander Kulbhushan Jadhav has been charged under the acts of terrorism and espionage. In addition to this, Pakistan also maintains a stance that as Kulbhushan Jadhav is a spy so Vienna convention has nothing to do with it for it doesn’t apply to the spies.On the same hand, Pakistan -in a counter memorial to the Indian claim pertaining to Vienna Convention - has told the International Court of Justice (ICJ) that Vienna Convention on Consular Relations, 1963, applies only to the legitimate visitors and does not cover clandestine operations.
Pakistan has secured a strong position in this case of espionage and terror financing by India via KulbhushanJadhav. In the last hearing of ICJ on Feb 2019, Khawar Qureshi, Pakistani lawyer, logically advocated Pakistan in this context. He put some important questions for which Indian representatives had no logical and rationalanswers. India alleges Pakistan of kidnapping Kulbhushan Jadhav from Iran, but hasn’t provided any evidence of kidnapping. Furthermore, India couldn’t explain what actually the Indian commander Kulbhushan Jadhav was doing in Pakistan and why serving naval CommanderKulbhushan Jadhav -working on secondment to RAW- was travelling inside Pakistan using a Muslim name Moreover,Kulbhushan Jadhav had the Indian passport with the name of Hussain Mubarak Patel and ironically, he made 17 entries and exits through that passport. India has not even explained that why Kulbhushan Jadhav was retired at the age of 47. These are the questions India has critically failed to answer.
It is high time to deal India iron handedly for pursuing INDIRA DOCTRINE of regional hegemony by sponsoring terrorism in neighboring states or else India will cross the lines of bellicosity and belligerency for her lust of regional throne.
On the other hand, India has some influence in ICJ owing to Justice DalveerBhandariwho is an Indian and a permanent member of ICJ for the last nine years and is one of the 15 permanent Judges there. India has already secured a relief from the ICJ even before the start of hearings when ICJ restrained Pakistan from executing Jadhav till the case is adjudicated. It is the responsibility of ICJ to act in a responsible way. As far as the jurisdiction of ICJ is concerned, Dr Muhammad Faisal of the legal team of Pakistan, while presenting his arguments before the courtin The Hague, Netherlands maintained the view, “The ICJ did not have jurisdiction to hear the Indian application and according to the Vienna Convention, the court had no jurisdiction to hear such a case,” he also said “the Indian spy was sentenced to death after fulfilling all necessary legal procedures and that he was also given legal counsel to defend the allegations against him.”
Pakistani representatives also stated,“Jadhav has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan”.
Conclusively, it is quite evident that India had used Kulbhushan Jadhav for financing terrorism in Pakistan just like it has financed militancy in Sri-Lanka. International community must held India accountable for what she has done in Nepal, Sri-Lanka, Bangladesh and Pakistan and her spy must meet the fate met by other terrorists. It is high time to deal India iron handedly for pursuing INDIRA DOCTRINEof regional hegemony by sponsoring terrorism in neighboring states or else India will cross the lines of bellicosity and belligerency for her lust of regional throne.