Kulbhushan Jadhav will finally have visitors. Pakistan will “grant consular access according to Pakistani laws’’, according to a statement issued by the foreign office in Pakistan. With the legal battle now over, it is time for diplomacy to take centre stage.
Pakistan as a “responsible state’’ has agreed to grant Jadhav, his rights under the Vienna Convention and “modalities are being worked out’’. While India and Jadhav’s family may be relieved by the statement, the tough part begins now. The International Court of Justice has stayed his execution. The court has also asked Pakistan to take appropriate measures to provide review and reconsideration of the sentence of Jadhav. This will be the tricky part as it depends on careful negotiations between the two countries.
In its rebuttal, the Attorney General of Pakistan Anwar Mansoor Khan had laid out room for an eventuality of review. The question is whether Pakistan will go beyond their stated position in court. Khan insisted, as did the Pakistani counsel Kharwar Qureshi, that Jadhav had civilian recourse in a civilian court. Jadhav also had recourse to appeal his death sentence. Khan stated that a terrorism case against Jadhav would be filed in civil court, and he will be given legal representation if he wants it. Consular access, will certainly go a long way in helping Jadhav mount a robust defence. In the earlier trial, Jadhav, according to Pakistan, chose to be represented by in house counsel. This time around, he will at least get another option.
The Jadhav case has been at the centre of the biggest legal battle between India and Pakistan. A former Indian Navy officer accused of being a spy, Jadhav was allegedly nabbed from Chaman near Baluchistan’s Afghan border. India has repeatedly claimed that he is innocent. In a statement before both houses of Parliament on Thursday, foreign minister S. Jaishankar repeated his “innocence’’ and assured that India would bring him back safe.
But for now, Jadhav can sit back and hope for some contact from home. Unlike last time, when his mother and wife met him—in fish box, where everything was recorded and broadcast—this time round, the meeting will hopefully be less public. When granted access, Jadhav will be meeting Indian officials after four years in prison.
