- Official says role of Indian state proved in acts of sabotage, terrorism in Pakistan
ISLAMABAD: It seems that Indian spy Kulbhushan Jadhav has “little” options to challenge the death sentence he has been awarded by the Field General Court Martial. The convict may move an appellate tribunal (court) to challenge his death penalty.
Moreover, Jadhav may also opt to move the Supreme Court of Pakistan which may go for a judicial review with a minimal mandate to see as if due process had taken place during the court martial of the accused.
Indian Minister for External Affairs Shusma Swaraj Tuesday assured Indian parliamentarians that the Indian government would not stop at just ensuring Jadhav has the best of lawyers to fight his case in the Supreme Court, but would “go out of the way to save him”.
According to India media reports, when asked by an Indian lawmaker if the government would fight Jadhav’s case in the Pakistani apex court, Swaraj said, “We will do more. We will take it up with the president [Mamnoon Hussain]”.
The Indian minister of external affairs, Swaraj, alleged that Jadhav was awarded the death sentence on “concocted charges”.
LIMITED SCOPE TO CHALLENGE SENTENCE:
Article 133B of the Pakistan Army Act, 1952, provides as under: Court of Appeals for other cases. ___(1) Any person to whom a court-martial has awarded a sentence of death, imprisonment for life, imprisonment exceeding three months, or dismissal from the service after the commencement of the Pakistan Army (Amendment) Act, 1992 , may, within forty days from the date of announcement of finding or sentence or promulgation thereof, whichever is earlier, prefer an appeal against the finding or sentence to a Court of Appeals consisting of the Chief of the Army Staff or one or more officers designated by him in this behalf, presided by an officer not below the rank of Brigadier in the case of General Court-Martial or Field General Court-Martial convened or confirmed or counter-signed by an officer of the rank of Brigadier or below as the case may be, and one or more officer, presided by an officer not below the rank of Major General in other cases, hereinafter referred to as the Court of Appeals.
WHAT JURISTS SAY:
An army official told Pakistan Today that the accused, Kulbhushan Jadhav, may file an appeal to challenge his death sentence before an appellate tribunal to be headed by a two-star general.
The official said that the accused may also file a mercy appeal with the chief of army staff (COAS) and later the same may be submitted with the president of Pakistan.
Asked if the matter could be challenged in the Supreme Court as claimed by Indian minister Shusma Swaraj, the official responded in affirmative. “Yes, the matter may be taken up in the apex court too,” the official said.
When contacted, senior jurist SM Zafar confirmed that the accused may opt for a judicial review of his trial in the apex court. However, he said, the court may opt for a limited review of the matter.
“Yes, the apex court still has powers to go for a judicial review. But this would not mean a re-trial. The court may only examine whether or not the due process was carried out in sentencing the accused,” he added.
When asked to elaborate, Zafar said that it means only that the court will examine whether or not the accused was given a fair trial; or that a lawyer was provided to defend the accused.
“However, the court does not have powers to examine the merit of the case itself,” he concluded.
Ahmed Bilal Sufi, an expert on international law, said that the accused was entitled for a right to appeal per rules of the Military Act.
INDIA’S ROLE IN ACTS OF SABOTAGE, TERRORISM IN PAKISTAN:
The federal government on the other hand laughs off the allegations made by the Indian external affairs minister, with a high ranking official in the ministry of foreign affairs suggesting that since Indian intelligence officer was caught red-handed, the Indian government was trying to “weave a web of accusations” just to hide the subversive acts it was behind.
“Since we have netted a big fish, Indians are now trying to weave a web of accusations just to hide their subversive plans,” the official said.
The official added that it was now officially affirmed that Indian state was involved in acts of terrorism, anarchy and sabotage inside Pakistan. “It is a shame for a state (India) which always speaks against terrorism,” he added.
The official said perhaps by making such strong statements, India wanted to shift the international focus from real issue of Jadhav’s involvement in acts of sabotage and anarchy inside Pakistan.
“With the conviction of Jadhav, it has now been proved that the Indian government, which time and again cries about terrorism at all international forums, has now been caught red-handed in terrorist acts in Pakistan,” the official said, and added that India was also involved in state terrorism against the people of Indian Occupied Kashmir (IoK) where over 250 innocent people had been martyred in past eight months since the martyrdom of Kashmiri posterboy, Burhan Muzaffar Wani.
“Since Kulbhushan has been convicted, India is now making hue and cry over it. But it’s not only Jadhav alone found involved in acts of sabotage and anarchy in Balochistan. It was Indian prime minister Narendra Modi himself hurling public threats of sabotage in Balochistan, Azad Kashmir and Gilgit Baltistan. The world community just needs to corroborate Modi’s threats of sabotage in Balochistan and the confessional statement by Jadhav,” the official concluded.
