Thursday, 13 April 2017

Death sentence to Kulbhushan, bypassing the global concept of justice

Pakistani martial court has not only created a dispute among two nations by giving death sentence to Indian ex-naval officer Kulbhushan Jadhav for espionage and unrest on Monday, but also created a huge tension in Indo-Pak relations. Anger against it in India is natural. There is no reason for a nation to keep quiet, if any nation kidnaps our any innocent citizen and sentences him to death. Reciting death sentence to Kulbhushan Jadhav, martial court of Pakistan has made it clear that decent life values have no value even today in this nation. Bypassing the global concept of justice, reciting such punishment in camera without any proof implies it. Pak martial court has once again shown that how it has mocked the international standards. Amnesty International has also questioned the competency of the martial court's decision. South Asia Director of Amnesty Patnaik said: Death sentence to Kulbhushan Jadhav shows that how the Pak martial court has ruined the international standards. Releasing a statement he said: By depriving the defender of his rights and working in notoriously confidential manner martial courts do not judge but mock it. Their system is quite wrong, which must only deal with issues of military discipline and not with other crimes. The case is as such:  Pakistan said on Monday that RAW agent and Navy Officer Commander Kulbhushan Jadhav alias Hussain Mubarak Patel has been sentenced to death. He has been charged with running destructive activities against Pakistan and espionage. Since the arrest of Kulbhushan last year, Government of India has written six times to the Foreign Ministry there that he is a retired defence official and was trading from Iran. He has no connection with RAW, he may be released. All the MPs in the Parliament on Tuesday had the same opinion. Not only this,  Advisor to Pak Prime Minister Nawaz Shareef, SartajAjeej himself admits that their government has not solid proofs to prove Jadhav an Indian spy.  When India asks for proofs, Pakistan shows a recording of Jadhav for few minutes which has been edited atleast at fifty places. Despite this slackness, if the Pak martial court justified the death sentence for Jadhav, its intentions need to understand. Pak Supreme Court has been already hearing a case against this court. Pakistan is the only nation in South Asia where the Army picks up the passers-by and tries them in camera. The problem is that the elected government in Pakistan is not so great to stop any decision of army or say to change its decision. Government of Prime Minister Nawaz Shareef has at present been surrounded with pressures of various types and is in masking condition of the army. By the way Nawaz Shareef says that Pakistan is ready to deal with the situation. But Pakistan may seldom seek support from any nation of the world on this issue. The entire world knows that Pakistan did not even follow the minimum justice tactual in the Kulbhushan case. As per Vienna treaty the concerned High Commission or Embassy is formally informed in case any foreign national is apprehended. If the High Commission or Embassy wants to meet its citizen and provide him legal assistance, it is permitted. Pakistan was requested 13 times to allow the High Commission to meet Kubhushan Jadhav but it was not allowed. Even it was not told that where and for what charge he is being prosecuted. On the other hand Azmal Kasab was prosecuted for two years after the Mumbai terrorists attacks, all the proofs were submitted in the open court and Pakistan had no objection on any one of them. Not only this, not even a Pak spy was sentenced to death arrested after the partition of India and Pakistan. Pakistan should understand that by reciting the biggest punishment to an Indian under a baseless charge it will deteriorate the relations between two nations that it will be difficult to return from there.

-          Anil Narendra

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