Mumbai (Maharashtra) [India] Apr. 13 (ANI): Speaking on consular access being denied to alleged Indian spy Kulbhushan Jadhav despite several requests by India, special public prosecutor Ujjwal Nikam on Thursday said it should have been granted to the Indian High Commission.
"It is very clear that Pakistan has completely violated Geneva Convention based on the public international law. Though Indian Consulate had approached 13 times for consular access Pakistan had denied it without any reason. Now India has applied for the counsular access and I hope Pakistan this time will give it," Nikam told ANI.
He further said the appeal is required to be preferred by Jadhav himself under his own signature.
"For preferring the appeal and giving instructions to our Consulate, his mental condition is required to be examined. I am apprehending that when Pakistan is wholly relying upon the 'so called' confession of Jadhav, then it is quite possible that they might have tortured him very badly," he added.
Nikam also said that though there might be no external injuries but internally Jadhav must have sustained injuries.
"Our consulate will require to examine firstly his health and to seek proper instructions from Jadhav for doing the further legal step," he said.
He asserted that the first legal step will be that Jadhav will require to challenge the said order of death penalty awarded by the Army Court of Pakistan before the Supreme Court.
"I will not be satisfied with this legal step also because even if this death penalty is stayed and if it converts into life imprisonment, there is no guarantee about the life of Jadhav. Therefore we must ask for fresh trial for Jadhav," he added.
He said that the trial should take place in the presence of human activists, representatives of United Nation and as well as Indian Consulate nominee because then that will be the justice.
"We will require to convince the whole globe for a fair trial because according to us Jadhav was apprehended in Iran when he was on a private business purpose which has been confirmed by Iran itself," Nikam added.
The Indian High Commission in Pakistan will make a fresh request for consular access to alleged Indian spy Kulbhushan Jadhav, sources said.
This comes after the Ministry of External Affairs earlier in the day said that India has no information of Jadhav's whereabouts, adding that Pakistan's 'indefensible' verdict is violation of basic norms of law, justice and international relations.
" Kulbhushan Jadhav is a kidnapped innocent Indian, who is a retired officer of the Indian Navy. And these two facts were communicated to Pakistan one year ago when the matter of his illegal custody came to our knowledge. We had made 13 requests for the consular access, but it was denied by the Pakistan," MEA official spokesperson Gopal Baglay told the media here.
"What is his condition, where is he being held, these facts cannot be ascertained. The Pakistan Government has also not shared with us his location or any specific details as to how and where is he being held and what is his condition," he added.
Crying foul over the proceedings against Jadhav, Bagley said that the former has been denied proper defence, adding the verdict is indefensible.
"No due process has been followed in the proceedings which is complete violation of basic norms of law, justice and international relations," he added.
Baglay further said that Pakistan's High Commissioner Abdul Basit was summoned as soon as the information of Jadhav's death sentence came to India's knowledge.
"It was made clear to the Pakistan Government that given the circumstances of the case namely kidnapping of Jadhav, absence of any credible evidence to substantiate the concocted charges against him and the farcical nature of proceedings against him. The Government of India will regard it as premeditated murder if the indefensible sentence awarded to him were carried out," he added.
Reiterating External Affairs Minister Sushma Swaraj's assertion, Baglay said lack of evidence and denial of consular access shows that charges levelled against Jadhav are baseless.
"The EAM also informed the Parliament that Government of Pakistan had approached us this year to access the investigation and this further underlines the insufficiency of evidence," he added.
Stating that Jadhav's matter is associated with the sentiments of the nation, Baglay said the Parliament has spoken in one voice on it and would ensure justice to the former.
"The senior ministers of government have told the Parliament that government will do everything that is possible to ensure justice to Kulbhushan. We are engaged in achieving this objective," he added.
Earlier, Swaraj warned Islamabad of consequences in bilateral relations if Jadhav's death sentence is carried out.
She said if the decision of the Pakistani court is implemented then it will be a pre-meditated murder asserting that there was no evidence against Jadhav.
Jadhav, who was arrested in March last year by Pakistan and accused of espionage, was sentenced to death by a Pakistani military court on Monday triggering tension between the two Asian neighbours. (ANI)