In­dian lawyers take up cud­gels for Kulb­hushanJad­hav

Youth Street News - - Youth News -

Kulb­hushanjad­hav, the al­leged In­dian spy caught in Pak­istan, has been sen­tenced to death by the Pak­istan mil­i­tary court un­der the Pak­istan Army Act. But now In­dia is all out to ex­tend le­gal aid to Jad­hav and come to his res­cue. In­dia main­tains that Jad­hav is a re­tired per­son­nel of the In­dian Navy.

The In­dia in­tel­li­gence of­fi­cials have al­ready rub­bished charges that Jad­hav was a spy and had been sent to the neigh­bour­ing coun­try for the pur­pose of es­pi­onage in the prov­ince of Baluchis­tan. News­pa­pers in In­dia have de­scribed Jad­hav as a for­mer Navy com­man­der who had been do­ing some busi­ness in Iran. Jad­hav had been ar­rested by the Pak­istani au­thor­i­ties on 3 March 2016. Pak­istan claims that they ar­rested Jad­hav from Baluchis­tan where he had il­le­gally en­tered from Iran.

The trial by Pak­istan's mil­i­tary court was com­pleted in three months and Jad­hav was sen­tenced to death, though he has the priv­i­lege of ap­peal­ing in the Pak­istani army's court of ap­peal. He also has other reme­dies avail­able such as fil­ing a mercy pe­ti­tion first be­fore the Pak­istan Army chief and then the pres­i­dent of that

coun­try.

In­dia's top lawyers have come out to of­fer sup­port to Jad­hav, while call­ing his trial a sham and ap­peal­ing that a fresh trial be con­ducted in a civil­ian court. It is to be noted that the pro­ceed­ings against Jad­hav in the mil­i­tary court were not open to pub­lic and the ac­cused was not even pro­vided con­sular ac­cess.

The or­gan­i­sa­tion that come out in Jad­hav'sde­fence is the In­di­aPak­istan Joint De­fence Com­mit­tee for Pris­on­ers, which com­prises lawyers from the two neigh­bour­ing coun­tries and pro­vides le­gal aid to cross-bor­der pris­on­ers. The IPJDCP has made an ap­peal to the Supreme Court of Pak­istan against the death sen­tence. Bhim Singh, se­nior ad­vo­cate in the Supreme Court of In­dia, has drafted the ap­peal.

Singh has writ­ten in the ap­peal: "the or­der/malafide judg­ment/ au­thor­i­tar­ian or­der or­der­ing death sen­tence to an In­dian civil­ian be set aside and a fair trial within the mean­ing and scope of the Con­sti­tu­tion of Pak­istan may be held by an ap­pro­pri­ate court of law in accordance with the rules and pro­ce­dures pre­scribed to hold a trial against a civil­ian by pro­vid­ing him rea­son­able le­gal aid/as­sis­tance".

The IPJDCP has also sought from the Pak­istan Supreme Court a copy of the judg­ment that con­victed and sen­tenced Jad­hav.

The ef­forts paid off, and in the lat­est de­vel­op­ment on 18 May, the In­ter­na­tional Court of Ju­tice or­dered Pak­istan to stay the ex­e­cu­tion of Jad­hav un­til it de­cides on the mat­ter. The ver­dict is be­ing seen as a ma­jor em­bar­rass­ment for Pak­istan.

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