Islamabad: Pakistan on Friday said the death sentence to Kulbhushan Jadhav was based on "credible" and "specific" evidence that proved his involvement in spying and terror activities and asserted that more active diplomacy is needed to arrest the "growing crises" in the Indo-Pak ties.
Pakistan Prime Minister's Advisor on Foreign Affairs Sartaj Aziz said that due process of law was followed in the trial of 46-year-old Jadhav. Aziz in a detailed statement read out to the media at the Foreign Office said that India through its reaction was aggravating the situation.
Rejecting Indian accusation of unfair trial, Aziz said that the first FIR against was lodged on 8 April, 2016 by police's Counter Terrorism Department (CTD) in Quetta, the capital of Balochistan.
He said the detailed trial was held and all relevant laws including Evidence Act and recording of statement before a magistrate were followed. Jadhav was also provided legal assistance.
"Kulbushan Jhadav, who is responsible for espionage, sabotage and terrorism in Pakistan, has been tried according to the law of the land, in a fully transparent manner while preserving his rights, as per the Constitution of Pakistan," he said.
"His sentence is based on credible, specific evidence proving his involvement in espionage and terrorist activities in Pakistan."
Aziz "condemned" the Indian reaction over Jadhav's sentencing and warned that it would further "aggravate the people-to-people hostility".
"I would like to ask India why Kulbushan Jhadav was using a fake identity impersonating as a Muslim? Why would an innocent man possess two passports, one with a Hindu name and another with a Muslim name? Since India has no credible explanation about why their serving Naval Commander was in Balochistan, it has unleashed a flimsy propaganda campaign.
"Inflammatory statements and rhetoric about 'pre-meditated murder' and 'unrest in Balochistan', will only result in escalation, serving no useful purpose," Aziz warned.
"We condemn the baseless allegations from India, especially in the light of the fact that it was non-cooperation and lack of Indian response to Pakistan’s request for legal assistance, due to which consular access has not been provided to Jadhav.
"We expect India to behave responsibly and refrain from issuing statements that will further aggravate people to people hostility. More active diplomacy is therefore needed to arrest the growing crises in India-Pakistan relations before it becomes even more serious," Aziz said.
Providing details of the trial, Aziz said that the confessional video statement of Jadhav followed by initial FIR in CTD Quetta on 8 April, 2016. The initial interrogation was done 2 May and detailed interrogation on 22 May. It was followed by the constitution of a Joint Investigation Team on 12 July.
The confessional statement under Section 164 CrPC was recorded on 22 July and recording of the summary of evidence done on 24 September.
The first trial proceeding was held on 21 September, second proceeding on 19 October, third proceeding on 29 November, 2016 and fourth proceeding on 12 February, 2017. The death sentence was endorsed on 10 April, 2017.
Aziz said that a law qualified field officer was provided to defend Jadhav throughout the court proceedings.
Aziz said Jadhav can appeal against the verdict of the military tribunal within 40 days to a military Appellate Court. He can file an appeal to the army chief within 60 days against the decision of the Appellate Court.
Jadhav can file a mercy petition to the president of Pakistan within 90 days if the army chief rejects the appeal for clemency.
Aziz listed several cases of terrorism in which he said Jadhav was involved.
"He was part of sabotage and terrorism in which civilians and security personnel were killed," he claimed.
Aziz also accused that Jadhav orchestrated attacks against minority Shia Hazara community in Quetta. Aziz also said that India has not allowed consular access to many Pakistani prisoners for many years despite repeated requests.
He also said that all political parties had supported the decision of the military tribunal and the entire nation was united against any threat.
Updated Date: Apr 14, 2017 19:10 PM