The International Court of Justice has stayed Kubhushan Jadhav’s execution, and India can now claim a moral victory. This twist in the saga of Kulbhushan Jadhav marks a new low in relations. Cross-border firing, cold shoulders at summits and cross-border terrorism – been there, done that ad nauseum.
Jadhav, a ‘Good Catch’ for Pakistan
For Pakistan, Kulbhushan Jadhav is the poster boy of the “Indian hand”, the pet phrase of politicians and security personnel when a terrorist attack strikes.
For years, the argument has been that India and Afghanistan are colluding to destabilise Pakistan through mercenary terrorist and separatist groups.
Thus, the press conference announcing Jadhav’s capture led by the Pakistan Army’s public relations head, with the information minister playing second fiddle, featuring details and a slickly produced confessional video. The message? Gotcha. Your monkey is with us now.
Also Read: Live: Big Win for India, ICJ Stays Jadhav’s Execution For Now
Why Didn’t Pak Approach International Fora Earlier?
The civilian government has repeatedly come under flak for not beating the Jadhav drum enough at international forums. Prime Minister Nawaz Sharif was a target after his UN address last year for not bringing up Jadhav.
His foreign affairs advisor Sartaj Aziz has had to assure lawmakers that Jadhav will not be extradited and had to defend a statement he made to the senate that there is not enough proof against him.
Pakistan Courts Can Overrule ICJ Verdict
Meanwhile, the controversial military courts were re-established early this year. These courts were established after the Army Public School massacre as a way around the clunky judicial system. The law enabling military courts lapsed, but the civilian government pushed Opposition lawmakers to pass it again, despite questions about their transparency, efficacy, and the value of yet again ceding civilian space.
But it wasn’t long after the military courts were law again, that the army announced Kulbhushan Jadhav’s death sentence by a military court.
It is no surprise that India’s requests for consular access were repeatedly denied – Jadhav is no ordinary spy, nor is he a fisherman who wandered out of his waters.
Also Read: Kulbhushan Jadhav: Pak’s Military Courts Have No Inkling of Law
The International Court of Justice staying his death sentence doesn’t change the fact that there is a precedent: Pakistan’s courts could potentially override it. After all, the Supreme Court upheld the establishment of military courts too.
India Seeks Intervention in a Bilateral Issue
But clearly, Kulbhushan Jadhav is important to India too. First, India has broken with tradition to internationalise a bilateral dispute. Diplomacy – both official and backchannel – was bound to fail when Kulbhushan Jadhav is the Pakistan army’s man.
Indeed, when Indian businessman Sajjan Jindal paid a visit to Prime Minister Nawaz Sharif in the Murree hill station for what many called a stab at backdoor diplomacy last month, sources reportedly assured that Kulbhushan Jadhav would not be pardoned or exchanged.
What is India gambling on? If it is to stop the execution, that is unlikely to happen. If it is to ascertain whether Jadhav is alive and well, Pakistani law experts say India has recourse to the appeal process until August. If it is to play to India’s domestic audience, that is probably where it has clearly succeeded.
In Pakistan, the hashtag #HangKulbhushan is just one indication of the mood.
Also Read: FAQ: India’s Legal Options at ICJ in Kulbhushan Jadhav Case
(Amber Shamsi is a multimedia journalist who has worked for international and national media organisations as a reporter and on the editorial desk. She currently hosts a news and current affairs show on Dawn TV. She can be reached @AmberRShamsi. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)
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