There are many Indians locked up in Pakistani jails, and sizable Pakistani prisoners are counting their days in India for many decades, but Kulbhushan Jadhav is blue-eyed of India. His case titled “Kulbhushan Jadhav (Pakistan versus India)” is being heard in The International Court of Justice (ICJ).
For India, Kulbashan Jhadev is a patriotic retired naval officer, and for people in Pakistan, he is a murderer of over 1300 innocent people in Baluchistan and Khyber Pakhtunkhwa. Kulbhushan Jadhav, a serving Commander in Indian Navy, was arrested in Baluchistan, Pakistan on 3 March 2016. After a due legal process of a year or so he was awarded death penalty by Pakistan military court which is being contested by India on technical grounds in ICJ.
‘Kulbhushan Jadhav is pronounced Kulbushan Yadev in Pakistan. The difference is in the Indians excessive usage of ‘H, J and Ch sound’ in almost all Urdu words which they call it a ‘Hindi’ language. Kulbhushan Jadhav, therefore, is a typically Hindi name. I prefer to call him Mr Yadev although for a considerable period he used a fake name, Hussain Mubarak Patel while aiding dissident Baluch groups and trying to create an insurgency against the state of Pakistan.
Hard luck to Mr Yadev and his family, he worked for RAW and caught up red-handed in Pakistan. RAW may be proud of its achievement in South Asian neighbourhood, but overall I do not grade it very high. It lacks the vision hence, its activities are not very productive for India. Although as a professional intelligence agency, it did perform some remarkable jobs for ultra nationalist Hindus. It helped dismember East Pakistan. It subverted some of the Pakistanis (Tahreek Taliban Pakistan) to bomb even their mosques (unbelievable task) and managed killing thousands of people in the enemy state; Pakistan. However, RAW has failed in strategic thinking; top-level research and analysis, the very name it holds. RAW is working against Pakistan since decades but the country has not weakened despite the military defeat in 1971 War.
Pakistan has become a nuclear state, and its armed forces after fighting the deadly war with the Taliban. are better trained and more confident to take on India. It is for sure India has not benefited from the proxy war against Pakistan.
It is also interesting to note that RAW has committed many blunders. It miserably failed to provide timely information to Indian armed forces about Pakistan Kargil operation. It is constantly failing to inform Indian leadership that insurgency in Kashmir is indigenous and required different handling in engaging Kashmiri youth. Consequently, India is on the path of implosion.
“The Betrayal on India: Revisiting the 26/11 Evidence” a book by Elias Davidson on Mumbai attacks, concludes that the attack was a crime committed by RAW against its citizens just to malign Pakistan. It was a highly irresponsible and rouge decision by RAW. During this incident, 174 innocent people including seven Jewish national were killed. RAW claimed they killed eight attackers of Mumbai and ninth was apprehended alive. Indian further claimed that the lone survivor terrorist, Mr Ajmal Kasab was a Pakistani. Ajmal Kasab later proved to be from Indian Bidhuna Tehsil in Uttar Pradesh’s Auraiya district.
Mr Yadev, RAW agent and mastermind of instigating insurgency in Baluchistan, has been visiting Pakistan many times under fake identity of Hussain Mubarak Patel. Now India will find it very hard to convince judges at ICJ for holding a passport which bears a Muslim name on and endorsed many times by India. The passport is the property of Govt of India and bears valid seals of different countries.
Kulbhushan Jadhav was not only a spy but also a mastermind of terrorism. Consular access does not apply to a saboteur who is involved in dreadful terrorist activities. This is not the question of an individual, it is Indian state terrorism.
Kulbhushan Jadhav is not likely to be given death penalty. His mercy appeal is pending with COAS Qamar Javed Bajwa. It is said he has fully cooperated with ISI in exposing RAW terrorist activities in Pakistan. However, it is essential that the Indian state terrorism must be exposed and come to an end through international guarantees.
It is learnt that India is solely contesting the legal battle at ICJ on the technical ground that Pakistan did not provide consular access during the trial of Kulbashan Jhadev which is a violation of the Vienna convention. India is also capitalizing on the general perception that all military court lack due legal process. Pakistan military courts are constitutional and enjoy the respect of the majority of Pakistan.
The actual question of whether or not Kulbashan Jhadev a terrorist, is being missed out. Hopefully, The ICJ would look into the real question so crucial for the peace in South Asia. ICJ could seek the support of forensic experts and technical specialist of International Criminal Court, another international tribunal that also sits in The Hague.
Mr Modi is in an election year and will undoubtedly attempt through massive lobbying to prove that Yadev is innocent and his govt has won against Pakistan. However, it would be death to the reputation of international institutions and young scholars’ trust in international law. The law protects weaker entities; powerful do not need it. It is hoped that ICJ would prove to be a better assembly than Pakistani ‘Jirga’ (self-proclaimed intelligent and respected elders bent to favor powerful) in tribal areas of Pakistan and Afghanistan.