Kulbhushan Jadhav

Kulbhushan Sudhir Jadhav (born 16 April 1970; also spelled Kulbhushan Yadav, alleged alias Hussain Mubarak Patel) is an Indian national who has been incarcerated in Pakistan since 2016. The Pakistani government alleges that he is a spy for the Research and Analysis Wing, India's intelligence agency, and was arrested in the Pakistani province of Balochistan. The Indian foreign ministry says that he was kidnapped from Iran and illegally rendered to Pakistan.

The Pakistani government stated that he was a commander in the Indian Navy who was involved in subversive activities inside Pakistan and was arrested on 3 March 2016 during a counter-intelligence operation in Balochistan. The Indian government recognised Jadhav as a former naval officer but denied any current links with him and maintained that he took premature retirement.

On 10 April 2017, Jadhav was sentenced to death by a Field General Court Martial in Pakistan. On 18 May 2017, the International Court of Justice stayed the execution pending the final judgement on the case. On 17 July 2019, the court rejected India's appeal for Jadhav's release and ordered Pakistan to suspend the execution. It ruled that Pakistan will have to review the entire process of trial and conviction of Kulbhushan Jadhav and provide India with consular access. Pakistan allowed one Indian consular visit to Jadhav, but subsequent visits have been denied.

Background Jadhav was born to a Marathi family in Sangli, Maharashtra, on 16 April 1970 to Sudhir and Avanti Jadhav. His father is a retired Mumbai Police officer.

Jadhav is married and has two children. His family resides in Powai, Mumbai.

Arrest According to the Pakistani government, on 3 March 2016, Jadhav was arrested inside Balochistan in Mashkel near the border region of Chaman. He was arrested during a counterintelligence raid conducted by security forces. India denied the claim and said he was abducted from Baluchestan, Iran. Jadhav was soon shifted to Islamabad for interrogation.

Activities Pakistan stated that Jadhav entered Chabahar in 2003 with a visa stamped on a fake passport numbered L9630722, where he assumed the identity of Hussain Mubarak Patel—born on 30 August 1968, from Maharashtra, India. He stated that Jadhav established a network of operatives, provided funds, arranged to smuggle people into the country for the purpose of terrorism and reportedly purchased boats at the Iranian port in Chabahar to target Karachi and Gwadar ports in an alleged terrorist plot. The Indian High Commission also sought consular access to Jadhav but Pakistan did not agree to it. Pakistan's diplomat to India said that consular access wasn't automatic during cases related to security, explaining Jadhav had been travelling "under a fake name with an original Indian passport" since 2003.

Media coverage According to Indian sources, Jadhav was abducted by Pakistan's forces from the Iran–Pakistan border and Pakistan fabricated his documents and leaked them without realising there were glaring inconsistencies in the same. According to sections of Indian media, the Sunni group Jaish ul-Adl is responsible for the kidnapping of Jadhav from the Iran–Pakistan border.

According to Indian officials, Jadhav owned a cargo business in Iran and had been working out of Bandar Abbas and Chabahar ports. "It appears that he strayed into Pakistani waters. But there is also a possibility that he was lured into Pakistan sometime back and fake documents were created for him by the ISI." It is alleged that his phone was on surveillance and his habit of talking in Marathi while conversing with his family blew his cover, as it did not commensurate with his fake identity.

According to the Pakistani newspaper The News, German diplomat Gunter Mulack While speaking at the Pakistan Institute of International Affairs, claimed that Jadhav was caught by the Taliban and sold to Pakistani intelligence.

In April 2016, Islamabad briefed diplomats of various countries regarding Jadhav's arrest and his claimed involvement in terrorist activities. The evidence was also shared with the United States and the United Kingdom. Separately, Pakistan's Interior Minister Nisar Ali Khan held a meeting with the Iranian ambassador. In September, Pakistan prepared a dossier outlining evidence of Indian-sponsored terrorism and provided it to the United Nations Secretary-General. It included Jadhav's details.

According to the Indian newspaper and news channel NDTV, in December 2016, Sartaj Aziz, who functioned as the then Pakistan's Foreign Minister, told members of the country's senate that there was insufficient evidence presented of Jadhav's alleged espionage. "What the dossier contained on Indian spy Kulbhushan Yadav were mere statements. It did not have any conclusive evidence." and that they were waiting for more details.

In January 2019, Vikram Sood who headed R&AW from 2000 to 2003 claimed that Pakistan had no leverage over India on Jadhav. He claimed, "No spy worth his salt will be caught with his passport. The charges against him are laughable."

Confession video During the joint conference held by the army and the government, a video confession by Jadhav was made public. Jadhav in the video alleged to have said that the Indian intelligence agency RAW was involved in destabilising Pakistan. He also said that he was a serving officer of the Indian Navy and was working in Pakistan at the behest of the RAW.

Referring to the video, Bajwa said, "There can be no clearer evidence of Indian interference in Pakistan," and added that Jadhav's activities were nothing short of state-sponsored terrorism. In the video, Jadhav Indian agencies have claimed that the video released by Pakistan was heavily edited and the audio has been spliced in several places. However, Rouhani denied the report as a rumour, saying that the matter was not even mentioned. Iranian Ambassador to India said that Iran was probing into the matter. He said that once Iran completes the investigation, it will share the reports with "friendly countries". The Iranian embassy in Pakistan criticized "certain elements in Pakistan" for spreading "undignified and offensive" remarks that were attributed to Rouhani and added that these rumours "will not impact the positive views of the two countries regarding each other" as Pakistan had proven to be Iran's "trusted partner and neighbour".

Sentence On 10 April 2017, Jadhav was sentenced to death by a Field General Court Martial (FGCM) in Pakistan, following a confession before the magistrate and court. Jadhav's trial lasted three and a half months and the charges he was convicted for included spying for India, waging war against Pakistan, sponsoring terrorism, and destabilising the state. The sentence was confirmed by army chief Qamar Javed Bajwa, and released via the ISPR.

Following the sentencing, the government of India summoned Pakistani High Commissioner to India, Abdul Basit and issued a demarche stating that the proceedings that led to Jadhav's sentencing were farcical and that India would regard Jadhav's execution as murder in the first degree.

In an interview to India Today, Basit said Pakistan held sufficient evidence against Jadhav and that it was shared with the Indian government. He also said that Jadhav was given a fair trial, including the right to seek clemency.

During a briefing to the Senate of Pakistan, Pakistani defence minister Khawaja Asif stated that Jadhav's prosecution followed due legal process based on the country's laws, rules, and regulations and "there was nothing in the legal proceedings that were against the law." He said that Jadhav had been provided a defending officer throughout the course of his trial. He rejected India's accusations of terming the trial a "premeditated murder".

The ICJ proceedings began in The Hague on 15 May to review the case. India and Pakistan both sent their legal teams to put forward their arguments, led by Harish Salve and Khawar Qureshi respectively. On 18 May 2017, the International Court of Justice stayed the hanging of Jadhav.

On 22 June 2017, Pakistani sources confirmed that Jadhav had sought clemency from the country's army chief following his conviction. Pakistan also released a new confessional video of Jadhav, in which he stated that he visited Karachi twice for gathering intelligence on naval facilities. He also admitted to supporting and funding, on behalf of India's RAW, Baloch militants affiliated with the BLA and BRA, in addition to infiltrating and establishing "30 to 40 RAW operatives along the Makran Coast" for involvement in terrorist activities. Jadhav said that RAW's activities in Balochistan and Sindh were conducted under the direction of Anil Kumar Dhasmana. India's Foreign Ministry again dismissed the confession as "false propaganda", stating that Pakistan was trying to influence ICJ proceedings while denying the consular rights to Jadhav. ICJ did not allow Pakistan to play the video during the hearing.

On 25 December, Jadhav's mother and wife met Jadhav in Islamabad after being allowed permission by Pakistani authorities. India subsequently denounced Pakistan for its handling of the visit of the wife and mother of Jadhav, saying they were harassed and prevented from talking to Jadhav freely.

India moved to the International Court of Justice (ICJ), which after deliberation stayed the execution of the sentence passed by the Pakistani military court, the ICJ also found a violation of Vienna Convention on Diplomatic Relations by Pakistan and directed Pakistan to provide consular access to Kulbhushan Jadhav in its July 2019 verdict.