India demands ‘unimpeded consular access’ for alleged spy in Pakistani custody

ISLAMABAD: India missed Pakistan’s first official offer of providing consular access to Kulbhushan Jadhav following the verdict by the Hague-based International Court of Justice (ICJ) on July 17.
Pakistan on Friday had offered India to avail a meeting with its national who was in Islamabad’s custody since March 2016 and was currently on death row over charges of terrorism and espionage — an allegation denied by New Delhi. 
According to Indian media reports, India, in its reply to Pakistani foreign office, has asked for “unimpeded” consular access to Jhadav, free from “intimidation and reprisal” as Pakistan wants the presence of an official from its side during the meeting.
The spokesperson of Indian high commission in Islamabad told Arab News that “we are in contact with Ministry of Foreign Affairs of Pakistan on this issue, nothing more to add.”
Raveesh Kumar, spokesperson for the Indian Ministry of External Affairs (MEA) had earlier said in New Delhi, “We have received a proposal from Pakistan. We are evaluating the proposal in the light of ICJ judgment. We will maintain communication with Pakistan in this matter through diplomatic channels.”
“We cannot discuss the modalities. We will assess and evaluate the conditions laid down keeping in mind the ICJ ruling and then respond accordingly. Whatever response is to be sent will be given by us timely through diplomatic channels,” Kumar said.
Pakistan’s former High Commissioner to India, Abdu Basit, told Arab News that it’s a high-profile case so “modalities of consular access have to be decided prior to the meeting. It looks difficult that the meeting can take place today [on Friday].” 
He said that whenever India granted consular access to any Pakistani prisoner, “Pakistani officer used to meet its nationals in the presence of Indian officials. Pakistan would like to have its official in the meeting but India will ask for private access.” 
Talking about the frequency of consular access, he said that “it all depends on where the case is reviewed as the ICJ has left it on the discretion of Pakistani government so it may be multiple times not one time only.” 
He also negated the impression that Pakistan rejected all Indian requests of consular access before the ICJ decision. “India had sent seventeen times note verbale for consular access to Jadhav and in January 2017, Pakistan agreed to provide it on the condition of provision of information required about certain individuals revealed by Jadhav in his confessional statement but India refused,” he said.
Ahmer Bilal Soofi, an Islamabad based expert on International law told Arab News, “Pakistan is complying with the judgment of the ICJ as a responsible state by fulfilling the directions of the court which include giving consular access.” On the possible review of the case he added that “the review could be done by the appellant court or the high court in exercise of writ petition or it could also be a special bench.” On Jadhav’s representation in review court he said, “the lawyer should be a Pakistani national because under the Pakistan Bar Council’s rules no foreign lawyer can appear before the Pakistani court.”
Earlier, the ICJ in its July 17 verdict that followed proceedings lasting about two years, asked Pakistan to provide consular access to Jadhav under the Vienna Convention. Although the ICJ had rejected Indian request of acquittal, release and his return.
The UN’s top court did not accept India’s contention that Jadhav was entitled to ‘restitutio in integrum’ (restoration to original position) and turned down its request to annul the decision of a military court. Instead, it ruled that Pakistan, by means of its own choosing, could undergo an effective review and reconsideration of the sentence awarded to Jadhav.
In the following week, Pakistani foreign office had announced by issuing a statement that Pakistan would grant consular access to Jadhav according to the country’s laws, for which the modalities were being worked out.
The statement added that pursuant to the ICJ judgment, Jadhav had been informed of his rights under Article 36, Paragraph 1(b) of the Vienna Conven­tion on Consular Relations.
Jadhav was arrested on March 3, 2016, in a counter-intelligence operation in Balochistan. He was awarded death sentence on April 10, 2017 by a Field General Court Martial in Pakistan. India approached the ICJ in May 2017 against Pakistan for denying consular access to Jadhav.