Indian consular officials were not provided “unimpeded, unhindered and unconditional consular access’’ to Kulbhushan Jadhav on Thursday. The interview was recorded and Jadhav was “visibly under stress’’ and “indicated that clearly to the two officials," according to the ministry of external affairs.
“The arrangements did not permit a free conversation between them,’’ said the MEA spokesperson Anurag Srivastava.
In a strongly worded statement, the MEA has described Pakistan’s consular access as “insincere’’. The two officials could not engage Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation, the statement read.
After lodging a protest, the officials left the venue, according to the MEA.
"It is clear that Pakistan’s approach to this matter continues to be obstructive and insincere. It has not only violated its assurance to the ICJ to fully implement the 2019 judgement, but also failed to act in accordance with its own Ordinance," the MEA said in its statement.
This is not the first time that Pakistan recorded a conversation. The meeting in September had been recorded “as standard operating procedure’’ Pakistan had claimed. It had also been in the presence of a Pakistani official.
Things were no different this time round too. “The Consular Officers were not given unimpeded, unhindered and unconditional access…On the contrary, Pakistani officials with an intimidating demeanour were present in close proximity,’’ he said. This was despite protests by Indian officials, India has charged.
“Any conversation between them must necessarily take place in privacy and without the presence of any Pakistani official or recording by Pakistan,’’ the statement read. It was only then that Jadhav could “speak freely without any concerns of reprisal as he remains in Pakistani custody after the meeting.”
India has charged that Jadhav has been “intimidated repeatedly in the past, including in being made to express his alleged disinclination to seek a review.’’
In the past year, India has claimed that it has requested access to Jadhav more than 12 times.
“India recently requested the Pakistani side for an unimpeded, unhindered and unconditional consular access to be provided on 13th July,’’ Srivastava said. “Pakistan was also requested to not record [video and audio] the meeting…We were assured that this consular access would be unimpeded, unhindered and unconditional. On the basis of this assurance by the Pakistani Foreign Ministry, two Consular Officers of the High Commission proceeded to the meeting.’’
On May 2020, Pakistan issued an ordinance to review the sentence awarded by the military court, as directed by the International Court of Justice. Jadhav has 60 days to file the review petition in Islamabad High Court. His refusal to file the petition, however, does not prevent India from filing a petition. The deadline to file looms large and will end on July 20. Against that context, the contacts and conversations between the officers and Jadhav assumes "great importance'' and must take place in privacy, the statement said.
