New Delhi: India on Thursday slammed Pakistan for failing to provide unhindered and unimpeded consular access to Kulbhushan Jadhav, an Indian national who is on death row in a Pakistan jail and for not honouring the assurance given to New Delhi.
Pakistan did not permit a free conversation between consular officers and Mr Jadhav. The consular officers could not engage him on his legal rights and were prevented from obtaining his written consent for arranging his legal representation, Ministry of External Affairs Spokesperson Anurag Srivastava said.
In such circumstances, the Indian consular officers came to the conclusion that the consular access being offered by Pakistan was neither meaningful nor credible. After lodging a protest, they left the venue.
“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 spokesperson said.
The Pakistani officials with an intimidating demeanour were present in close proximity of Mr Jadhav and consular officers despite the protests of the Indian side. It was also evident from a camera that was visible that the conversation with him was being recorded, he said.
He further added that Mr Jadhav himself was visibly under stress and indicated that clearly to the consular officers.
Earlier, India was assured that the consular access would be unimpeded, unhindered and unconditional.
On the basis of this assurance, two consular officers of the Indian High Commission in Pakistan proceeded to the meeting with Mr Jadhav.
Over the past year, India has requested Pakistan more than twelve times to provide unimpeded, unhindered and unconditional consular access to him, who remains incarcerated in Pakistani custody since 2016.
“The consular access is of utmost importance, as it is the basis for a process of effective review and reconsideration ordered by the International Court of Justice (ICJ) in July 2019 of the conviction and sentence of Shri Jadhav by a Pakistani military tribunal,” Mr Srivastava said.
In May 2020, Pakistan passed an Ordinance, ostensibly to comply with the order of the International Court of Justice.
It inter-alia envisaged the Consular Officer of the High Commission of India filing a petition before a High Court for the relevant review and reconsideration.
In that context, “the contacts and conversations between the consular officer and Mr Jadhav assume great importance. Any conversation between them must necessarily take place in privacy and without the presence of any Pakistani official or recording by Pakistan. It is only then that Shri Jadhav can speak freely without any concerns of reprisal as he remains in Pakistani custody after the meeting,” he said.
It is already evident that Mr Jadhav has been intimidated repeatedly in the past, including in being made to express his alleged disinclination to seek a review, the spokesperson said.
Family members of Mr Jadhav have been apprised of these developments, he added.
Further, he said, “We reiterate our commitment to ensure the safe return of Mr Jadhav to India and will decide on a future course of action in the light of the events today.”
