Jadhav refuses Pakistan’s offer to challenge conviction in IHC

While refusing Pakistan’s offer to file an appeal in the Islamabad High Court (IHC) against his conviction, Indian spy Kulbhushan Jadhav has decided to apply for a mercy petition, the Foreign Office (FO) has said.

Jadhav alias Hussein Mubarak Patel — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing (RAW) — was arrested on March 3, 2016, from Balochistan while attempting to crossover into Pakistan through the country’s border with Iran. Subsequently, in April 2017, a Field General Court Martial (FGCM) handed him death sentence on charges of espionage and terrorism.

In a press conference in Islamabad on Wednesday, Additional Attorney General (AAG) Ahmed Irfan and Director General (DG) (South Asia & SAARC) Zahid Hafeez Chaudhry said that an ordinance was promulgated by the government on May 20, which allowed the Indian government, Jadhav and his legal representative to file a review petition in IHC within 60 days, which expire on July 19.

According to Dawn, they said Indian authorities had requested to appoint an Indian lawyer to advocate for Jadhav but if an appeal is filed in the IHC, only a lawyer that holds a license of the respective court would be able to represent the spy. Therefore, an Indian lawyer cannot advocate for the convicted spy but they may be allowed to assist Jadhav’s counsel.

The Pakistani government had allowed consular access to Jadhav twice in the past and has offered to do so again, the officials said. Authorities have also offered to arrange Jadhav’s meeting with his father and wife, they added. The AAG and DG (South Asia & SAARC) expressed hope that the Indian government will respond positively to this offer.

Both officials recalled that Pakistan had earlier allowed Jadhav’s mother and wife to meet him and said that the government had complied with the verdict of the International Court of Justice (ICJ) passed last year.

They said Pakistan had provided evidence of Indian state terrorism to the international community multiple times and will continue to do so.