ISLMAABAD, Pakistan: The Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz on Friday shared details of terrorist activities in which the convicted Indian spy Kulbhushan Yadav was directly involved, and said that he had the right to appeal against his death sentence.
On April 10, the Field General Court Martial (FGCM) found the Indian Naval Officer and agent of Research and Analysis Wing (RAW) Kulbhushan Yadav alias guilty of carrying espionage and sabotage activities against Pakistan, and awarded him death penalty under section 59 of Pakistan Army Act (PAA) 1952 and Section 3 of Official Secret Act of 1923.
In a press statement on Friday, Sartaj Aziz said that as per law Kulbhushan Yadav has following available options:
- He has the right to appeal within 40 days to an Appellate Court.
- He may lodge a mercy petition to the COAS within 60 days of the decision by the appellate court.
- He may lodge a mercy petition to the President of Pakistan within 90 days after the decision of COAS on the mercy petition.
Briefing the media about the death sentence of Kulbhushan Yadav in reply to a number of questions raised regarding his trial, the adviser said that Jadav was provided with a legal counsel in accordance with provisions of our law.
Sartaj Aziz said that Kulbhushan Jadav confessed before a Magistrate and the Court that he was tasked by the RAW to plan, coordinate and organize espionage and sabotage activities aimed at destabilizing and waging war against Pakistan.
Details of some terrorist activities in which Kulbhushan Jadav was directly involved.
- He sponsored and directed IEDs and Grenade Attacks in Gawadar and Turbat.
- Directed attacks on the Radar station and civilian boats in the sea, opposite Jiwani Port.
- Funded subversive secessionist and terrorist elements through Hawala/Hundi for subverting the Pakistani youth against the country, especially in Balochistan.
- Sponsored explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan.
- Sponsored IED explosions in Quetta in 2015, causing massive damage to life and property.
- Sponsored attack on Hazaras in Quetta and Shia Zaireen enroute to and back from Iran.
- Abetted attacks through anti-state elements against LEAs/FC and FWO in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers.
The proceedings of the Case went through different stages in accordance with legal requirements over a period of one year. Following is the timeline:
- Confessional Video statement of Kulbushan Jhadav, the active RAW operative – 25 March 2016
- Initial FIR in CTD Quetta – 8 April 2016
- Initial interrogation – 2 May 2016
- Detailed interrogation – 22 may 2016
- Joint Investigation Team constituted on 12 July 2016
- Confessional statement under Section 164 CrPC – 22 July 2016
- Recording of summary of evidence – 24 September 2016
- 1st proceeding – 21 September 2016
- 2nd proceeding – 19 October 2016
- 3rd proceeding – 29 November 2016
- 4th proceeding – 12 February 2017
- Death sentence endorsed on 10 April 2017
From the outset, transparency was ensured in the proceedings of the trial of Commander Kulbhushan Jadav.
Following steps were specifically taken to ensure transparency under the Pakistani Laws and Pakistan Army Act.
- His confessional statement was recorded before a Magistrate under Section 164 CrPC.
- The proceedings were conducted under the Law of Evidence (Qanun-e-Shahadat 1984) in the competent court
- A law qualified field officer was provided to defend him throughout the Court proceedings
- All statements of witnesses were recorded under oath, in the presence of the accused, in the court.
- Commander Kulbushan was allowed to ask questions from witnesses.
- During the trial, a fully qualified, law officer of Judge Advocate General (JAG) Branch remained a part of the Court.
- Punishment after the trial was awarded by the highest forum.
The foreign affairs adviser said that Kulbhushan Jadav was tried under the law of the land in a fully transparent manner. He said that his sentence is based on credible, specific evidence proving his involvement in espionage and terrorist activities in Pakistan.
