If second plea is rejected, Jadhav gets 90 days to seek clemency

NAYANIMA BASU New Delhi | Updated on January 12, 2018

Kulbhushan Jadhav, former Indian naval officer

Former Navy officer Kulbhushan Jadhav, who is serving death sentence on charges of espionage and terrorism in Pakistan, will have 90 days to seek clemency from that country’s President if his second mercy petition also gets rejected.

Jadhav has filed a second mercy petition with Pakistani Army Chief Qamar Bajwa. The first petition was filed within 40 days of his arrest that took place on March 3, 2016. If the second request is also rejected, Jadhav will get 90 days to seek clemency from Pakistan President Mamnoon Hussain, sources said.

He had filed the first petition with the Military Appellate Court, which has been rejected, according to Inter-Services Public Relations (ISPR) of the Pakistani army.

Sources also said the Pakistan government may not grant consular access to India, which forwarded its 17th request to Islamabad this month.

Pakistan is believed to have informed India that it will not grant consular access unless the Jadhav case completes it course at the UN’s International Court of Justice (ICJ) at The Hague.

“Pakistan has never disclosed, even to the ICJ, Jadhav’s purported appeal to a military tribunal in Pakistan and has effectively prevented his parents from pursuing the appeal and the petition filed by his mother. The details and circumstances of the alleged mercy petition are not clear and even the fact of its existence is doubtful, shrouded as the proceedings against Jadhav have been in opacity,” said Gopal Baglay, a Ministry of External Affairs (MEA) spokesperson.

According to the ISPR, in his mercy petition, Jadhav has admitted his involvement in espionage, terrorist and subversive activities in Pakistan and expressed guilt for the loss of lives cause by his actions.

It has even released a second confessional video of Jadhav, where he is seen taking the name of the Chief of Research, Analysis Wing.

Visa for family

India has also pushed Pakistan to grant visa to Jadhav’s family, which has been pending for several months now. According to sources, the Pakistani government will not grant visa to the family as its fears Jadhav’s whereabouts will be known.

The ICJ has urged Pakistan not to execute Jadhav until the case has run its full course. It has directed India and Pakistan to file their respective ‘memorials’ or proofs by September 13 and December 13, respectively.

Published on June 23, 2017

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