Consular officers not given 'unimpeded, unhindered' access to Kulbhushan Jadhav: India

Speaking to media, MEA spokesperson Anurag Srivastava said, "The Consular Officers were not given unimpeded, unhindered and unconditional access to Shri Jadhav. On the contrary, Pakistani officials with an intimidating demeanour were present in close proximity of Shri Jadhav and Consular Officers despite the protests of the Indian side."

He also informed that the conversation was being recorded by the Pakistani authorities and that Jadhav appeared to be under stress.

"Shri Jadhav himself was visibly under stress and indicated that clearly to the Consular Officers. The arrangements did not permit a free conversation between them," Srivastava said.

"The Consular Officers could not engage Shri Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation," he said.

According to the consular officers, the meeting offered by Pakistan was 'neither meaningful nor credible.'

The Indian consular officers lodged a protest before leaving 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," Srivastava said.

"We reiterate our commitment to ensure the safe return of Shri Jadhav to India and will decide on a future course of action in the light of the events today," he added.

Over the past year, India has requested Pakistan more than twelve times to provide 'unimpeded, unhindered and unconditional consular access to Kulbhushan Jadhav', who remains in Pakistani custody since 2016. 

"Pakistan was asked to ensure that the meeting is held in an atmosphere free from fear of retribution and without the presence of any Pakistani official in the vicinity of Shri Jadhav and the Indian consular officials.  Pakistan was also requested to not record (video and audio) the meeting," the MEA spokesperson.

This 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 Jadhav by a Pakistani military tribunal.

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.

Kulbhushan Jadhav, a former Naval officer, was arrested by Pakistan in March 2016 on charges of espionage and a military court sentenced him to death a year later.

India rubbished the charges and took Pakistan to ICJ in April 2017, and the next month, Jadhav's execution was stayed.

Pakistan claimed Jadhav was arrested from Balochistan. Opposing it, India asserted he was kidnapped from Iran where he had personal business interests after retiring from the navy.