Kulbhushan Jadhav: 'After Pakistan's drama, India's ICJ case gets stronger'

NEW DELHI: Does India have anything to show after the latest Kulbhushan Jadhav episode after his mother and wife visited him in Islamabad where he is in Pakistani custody, sentenced to death for alleged espionage and terrorism? Despite the national outrage at the treatment meted out to Jadhav's kin , the highest levels of government believe there are some key takeaways.

The obvious point of satisfaction has been for the family who now know he is alive and in fairly good health. Jadhav may have been drugged, coerced, perhaps even tortured, but the family has reported that they were happy about the meeting. Second, the very fact that Pakistan moved from its extreme position of not providing any access to Jadhav to at least opening up to his family is promising, say sources. India is now gearing up for the arguments and verdict by the International Court of Justice (ICJ) on its plea for consular access. While Pakistan has stressed that there could be no question of granting access to spies, Indian government believes it has a strong case based on the Vienna Convention.

The key aspect of consular access, according to sources, is the fact that it gives the person in question both personal and legal assistance. That also means he can get access to a lawyer to fight his case. Obviously legal assistance given after the verdict - in this case, by a military court - is meaningless. As Pakistan analyst Sushant Sareen points out, if Pakistan had hoped that this meeting would help them in the ICJ, it cannot.


This would give Indian lawyers an opportunity to argue for a mistrial, particularly as it was conducted in secret without witnesses or any other known legal procedure. India reckons that having taken the case to ICJ, it has shone a light on the patently unfair conviction of Jadhav. Of course, Pakistan can still just execute him since he is in their custody, which is the worst case scenario. But the gesture of allowing Jadhav's kin to meet him shows Pakistan is not yet ready to throw all conventionn to the wind.

"Pakistan is not listening to their lawyers," sources said. On Jadhav's trial, sources following developments closely said it is impossible for a spy to function in a foreign country without local assistance. Pakistan had made no effort to produce anybody who could have been Jadhav's local contact. That, he said, was another hole in Pakistan's case.

As for Pakistan's mean-spirited attitude, it has put paid to any thought of India easing up on its tough stand of no talks. As Vikram Sood, former RAW chief says, "Hopefully, this will be seen as a reaffirmation that Pakistan is incapable of even moderately civil behaviour as far as India is concerned, let alone humane acts." Pakistan analyst Sareen, adds, "Pakistan has overplayed its hand and exposed themselves with their despicable behaviour as well as their paranoia of two distraught women. Any benefit they hoped to gain from the spectacle has been lost by their bloody mindedness."