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September 14, 2017

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Kulbhushan case: India submits ‘memorial’ in ICJ

Kulbhushan case: India submits ‘memorial’ in ICJ

ISLAMABAD: The case of convicted Indian spy Kulbhushan Jadhav on Wednesday took another turn when India submitted its initial pleadings, known as ‘memorial’, to the International Court of Justice (ICJ) in The Hague.

Pakistan’s Attorney General Ashtar Ausaf, while talking to Geo Television, said India had sought until December to file its pleadings but the court allowed it until September 13 to do so.  The ICJ also set December 13 as the deadline for Pakistan to submit its counter-pleadings in the case.

On May 18, the ICJ ordered Pakistan to halt the execution of Jadhav, an on-duty Indian Navy officer working for Indian spy agency RAW, who was arrested from Balochistan in March 2016, until a final decision in the proceedings.

It may be mentioned here that Kalbushan Jhadev, alias Hussain Mubarak Patel, serving as Commander of Indian Navy, working with Indian intelligence agency RAW, was apprehended on March 3, 2016 after he illegally crossed over into Pakistan from the Pakistan-Iran border.

He was found in possession of an Indian passport issued by government of India on May 12, 2015 and valid until May 11, 2024. He confessed that he is a resident of Mumbai, India, still serving in the Navy and his retirement is due in 2022. The videos of his confession are widely circulated in the media. He is responsible for espionage, sabotage and terrorism in Pakistan and has been tried according to the law of the land, in a fully transparent manner by the Field General Court Martial (FGCM) under section 59 of Pakistan Army Act (PAA) 1952 and Section 3 of Official Secret Act of 1923.

He confessed before a magistrate and the court that he was tasked by RAW to plan, coordinate and organise espionage and sabotage activities aimed at destabilising Pakistan. Commander Jhadev was involved in both espionage and terrorist/sabotage activities resulting in the loss of many lives and damage to property. 

According to details, he sponsored and directed IEDs and grenade attacks in Gwadar and Turbat. He also directed attacks on the radar station and civilian boats in the sea, opposite Jiwani Port. He funded subversive secessionist and terrorist elements through Hawala/Hundi for turning Pakistani youth against the country, especially in Balochistan. He sponsored explosions of gas pipelines/ electric pylons in in Balochistan. He sponsored IED explosions in Quetta in 2015, causing massive damage to life and property, and attacks on Hazaras in Quetta and Shia Zaireen en route to and back from Iran.

He abetted attacks through anti-state elements against LEAs/FC and FWO in areas of Turbat, Punjgur, Gwadar, Pasni and Jiwani during 2014-2015, killing and injuring many civilians and soldiers. He launched a website with subversive content in support of anti-Pakistan elements.

Pakistan has repeatedly requested India for assistance in the investigation process but to no avail. Subsequently, India took the case to the International Court of Justice (ICJ) which after the oral hearing ruled on 18 May to grant provisional measures halting the execution of the Indian spy pending a final judgment of the court.

As per the directives of the ICJ, India was required to submit its memorial in the Court on 13th September, 2017 while Pakistan will submit its counter memorial on December 13, 2017.

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