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Long Road To Justice: Timeline Of Kulbhushan Jadhav Saga

Here’s a look at how the entire case unfolded and how India succeeded in getting a favorable order.

News18.com

Updated:May 19, 2017, 11:03 AM IST
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Long Road To Justice: Timeline Of Kulbhushan Jadhav Saga
In another blow to Pakistan, the ICJ said that the circumstances in which Kulbhushan Jadhav was arrested remained “disputed”. (News18 Creatives)

New Delhi: In a major win for India, the International Court of Justice on Thursday announced that Pakistan must make sure that it ‘exercises every measure’ to ensure that Kulbhushan Jadhav, an Indian citizen accused of being a spy by Pakistan, is not executed, pending the final decision of the court.

Here’s a look at how the entire case unfolded and how India succeeded in getting a favorable order.

May 2017: India moves ICJ, which stays Jadhav’s death sentence. Days later, India represented by a battery of top lawyers, including Harish Salve, presents its case at The Hague, saying that the Jadhav episode was in gross violation of the Vienna Convention. Pakistan gives counter arguments, maintaining that Jadhav was a spy and his passport was fake. ICJ rules in favour of India and stays Jadhav’s execution.

April 2017:
A Pakistani court gives death sentence to Jadhav. An official statement says that he was tried under Section 59 of the Pakistan Act 1952 and Section 3 of Official Secret Act 1923. Soon after the verdict, Indian foreign secretary S Jaishankar summons Pakistan high commissioner Abdul Basit saying that the proceedings were ‘farcical’.

Pakistan, however, says that the proceedings leading to the verdict were transparent and were based on Jahdav’s confession. India, on its part, submitted a plea to Pakistan on behalf of Jadhav’s mother against his sentence. They also sought visas for his family and consular access to him, which were denied.

Pakistan also refuses to share Jadhav’s health report, death sentence copy or the copy of the chargesheet against him.

March 2017: Aziz says Jadhav won’t be extradited to India.

December 2016:
Advisor to Pakistan PM Sartaj Aziz says Jadhav’s file merely has “statements” and says his country’s authorities will need more evidence to prove their case against him.

March 2016: Jadhav is arrested by Pakistani officials and is accused of being a spy for the Research and Analysis Wing. He is also accused of aiding separatists in Balochistan. While Pakistan says he was arrested in Saravan, Baloch leader Sarfaraz Bugti says he was picked up from Balochistan. India, on the other hand, says he was kidnapped by Pakistan in Iran while Jadhav was there for business purposes and added that he had retired from the Navy in 2002. India is denied consular access. About 20 days later, Pakistan releases a video showing Jadhav ‘confessing to his crimes’. India questions the authenticity of the video and accuses Pakistan of torturing Jadhav.

Here’s how the case might pan out from here on:

The 40-day period within which Jadhav can appeal against his death penalty ends on May 19 which means the ICJ order comes at the right time for Jadhav in case he did not or could not file his first appeal to the appellate court.

If the appellate court in Pakistan denies appeal on May 19, he may lodge a mercy petition (to the army chief) within 60 days of the decision by the appellate court by July 18.

If the mercy petition is denied on July 19, he may lodge a mercy petition to the President of Pakistan within 90 days after the decision (of the army chief) on the mercy petition by October 16.

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