Kulbhushan Sudhir Jadhav (also spelled Kulbhushan Yadav, alleged alias Hussain Mubarak Patel)[6][7][8] (born 16 April 1970) is an Indian national who has been incarcerated in Pakistan since 2016. The Pakistani government alleges that he is a spy for the Research and Analysis Wing, India's intelligence agency, and was arrested in the Pakistani province of Balochistan.[9][10] The Indian foreign ministry says that he was kidnapped from Iran and illegally rendered to Pakistan.[11]
The Pakistani government stated that he was a commander in the Indian Navy who was involved in subversive activities inside Pakistan and was arrested on 3 March 2016 during a counter-intelligence operation in Balochistan.[12][13] The Indian government recognised Jadhav as a former naval officer but denied any current links with him and maintained that he took premature retirement.[14][15][16]
On 10 April 2017, Jadhav was sentenced to death by a Field General Court Martial in Pakistan.[17][18] On 18 May 2017, the International Court of Justice stayed the execution pending the final judgement on the case.[19][20] On 17 July 2019, the court rejected India's appeal for Jadhav's release and ordered Pakistan to suspend the execution. It ruled that Pakistan will have to review the entire process of trial and conviction of Kulbhushan Jadhav and provide India with consular access.[21] Pakistan allowed one Indian Consulate visit to Jadhav, but subsequent visits have been denied.[22]
Jadhav is married and has two children.[25] His family resides in Powai, Mumbai.[23][24] According to reports in the Pakistani media, Jadhav joined the Indian National Defence Academy in 1987 and was commissioned in the engineering branch of the Indian Navy in 1991.[7]
Pakistani media has also reported that he began to gather information and intelligence within India after the 2001 attack on the Parliament of India. After 14 years of service, he was inducted into intelligence operations in 2003 and established a small business in Chabahar in Iran from where he made several undetected visits to Karachi and Balochistan.[26][27][28]
Arrest
According to the Pakistani government, on 3 March 2016, Jadhav was arrested inside Balochistan in Mashkel near the border region of Chaman. He was arrested during a counterintelligence raid conducted by security forces.[9][29][30] India denied the claim and said he was abducted from Iran.[11]
Pakistani security forces reported Jadhav as a serving officer in the Indian Navy and stated that he was commissioned to the Research and Analysis Wing (RAW), India's external intelligence agency. They believed him to be involved in subversive activities in Balochistan and Karachi.[29][31] Jadhav was soon shifted to Islamabad for interrogation.[9] While according to Indian sources, Jadhav was kidnapped by a Mullah Omar Irani of Jaish ul-Adl from Sarbaz City, Iran who later handed over Jadhav to the Pakistani Army.[32]
Activities
Pakistan stated that Jadhav entered Chabahar with a visa stamped on a fake passport numbered L9630722 in 2003 where he got a new identity of Hussain Mubarak Patel – born on 30 August 1968, from Maharashtra, India.[7] Pakistani officials claimed that his job was to destabilise Pakistan by strengthening a separatist movement in Balochistan and Karachi – a mission which officially began in 2013.[7]
Balochistan Home Minister Sarfraz Bugti said that Jadhav was obviously working for RAW and was in contact with Baloch separatists and militants, fueling sectarian violence in the province and the country.[29] He further added that he was involved in financially supporting militants and that Jadhav has admitted his involvements in Karachi's unrest.[29] Interrogation also reportedly revealed that naval combat training was being conferred to Baloch separatists, in an attempt to target the ports of Gwadar and Karachi.[33][28] Pakistani authorities stated that Jadhav, during his interrogation, gave details about his funding, and plans to destabilise the country.[7] They added that Jadhav also disclosed the presence of other Indian intelligence operatives in the southern metropolis.[7]
During interrogation Jadhav also reportedly revealed that at Wadh, he was in contact with Haji Baloch, who provided financial and logistic support to Baloch separatists and the IS network in Karachi.[7][8] He also said that the masterminds of the Safoora bus attack, where gunmen shot dead 45 Ismaili passengers, were also in contact with Haji Baloch.[8]Jadhav added that he had met Baloch several times, sometimes for planning sectarian violence in Karachi and the rest of Sindh.[7][8] Pakistan said that, based on Jadhav's information, it had arrested hundreds of undercover operatives.[30]
Asim Bajwa told the press that Jadhav converted to Islam, adopted a false identity and worked at Gadani under the cover of a scrap dealer.[34] He stated that Jadhav established a network of operatives, provided funds, arranged to smuggle people into the country for the purpose of terrorism and reportedly purchased boats at the Iranian port in Chabahar to target Karachi and Gwadar ports in an alleged terrorist plot.[34][28] According to him, Jadhav's goal was to sabotage the China-Pakistan Economic Corridor through propaganda – with Gwadar port as a special target – and also to create disharmony among the Baloch nationalist political parties.[28][35] He also said that Jadhav told the interrogators to use a code phrase – "your monkey is with us" – to inform his handlers and the Indian authorities about his arrest.[36] Asim also claimed to have confiscated maps from him and enunciated that there could be no clearer evidence of foreign interference in Pakistan. He termed the arrest of an intelligence or an armed forces officer of his rank a big achievement.[36]
Indian government reaction
The Indian Ministry of External Affairs claimed that Jadhav was an Indian Navy officer but had retired prematurely and he had no current link with the government since his retirement.[37] The Indian High Commission also sought consular access to Jadhav but Pakistan did not agree to it.[38] Pakistan's diplomat to India said that consular access wasn't automatic during cases related to security, explaining Jadhav had been travelling "under a fake name with an original Indian passport" since 2003.[30]
The family of Kulbhushan Jadhav and those who knew him stated that they never knew that Jadhav had left Indian Navy, along with starting his own business.[39]
Media coverage
According to Indian sources, Jadhav was abducted by Pakistan's forces from the Iran–Pakistan border and Pakistan fabricated his documents and leaked them without realising there were glaring inconsistencies in the same. According to sections of Indian media, the Sunni group Jaish ul-Adl is responsible for the kidnapping of Jadhav from the Iran–Pakistan border.[40]
According to Indian officials, Jadhav owned a cargo business in Iran and had been working out of Bandar Abbas and Chabahar ports. "It appears that he strayed into Pakistani waters. But there is also a possibility that he was lured into Pakistan sometime back and fake documents were created for him by the ISI."[38]
Some Indian intelligence officials also alleged that Jadhav was abducted from the Iran–Pakistan border by an extremist radical group called Jaishul Adil. Jaishul Adil, designated a terrorist organisation by Iran, is linked to Al Qaeda and has been often accused of targeting Iranian border guards. They also pointed to the inconsistencies between the claims made by Balochistan minister Sarfaraz Bugti that Jadhav was picked up from Chaman on the Afghan border, and those made by General Bajwa that he was picked from Saravan.[16]
Indian author and journalist Hussain Zaidi claimed that Jadhav was a spy and may have been arrested by Pakistan's Intelligence Bureau because of complacency setting in, after a stay period of 14 years.[41] It is alleged that his phone was on surveillance and his habit of talking in Marathi while conversing with his family blew his cover, as it did not commensurate with his fake identity.[42][43]
According to the Pakistani newspaper The News, German diplomat Gunter Mulack While speaking at the Pakistan Institute of International Affairs, claimed that Jadhav was caught by the Taliban and sold to Pakistani intelligence.[27] Pakistani newspaper The News also noted that no Taliban groups operate in Iran, and stated that Mulack's statement reflected a "poor understanding of the issues and the dynamics of regional politics."[27] After Jadhav's sentencing, Mulack told the Times of India that his information was based on "unconfirmed speculation from reliable sources which I cannot identify, nor confirm. Maybe it is not true."[44]
In April 2016, Islamabad briefed diplomats of various countries regarding Jadhav's arrest and his claimed involvement in terrorist activities. The evidence was also shared with the United States and the United Kingdom. Separately, Pakistan's Interior Minister Nisar Ali Khan held a meeting with the Iranian ambassador.[45] In September, Pakistan prepared a dossier outlining evidence of Indian-sponsored terrorism and provided it to the United Nations Secretary-General. It included Jadhav's details.[30][46]
According to the Indian newspaper and news channel NDTV, in December 2016, Sartaj Aziz, who functioned as the then Pakistan's Foreign Minister, told members of the country's senate that there was insufficient evidence presented of Jadhav's alleged espionage. "What the dossier contained on Indian spy Kulbhushan Yadav were mere statements. It did not have any conclusive evidence." and that they were waiting for more details.[47]
In January 2019, Vikram Sood who headed R&AW from 2000-2003 claimed that Pakistan had no leverage over India on Jadhav. He claimed, "No spy worth his salt will be caught with his passport. The charges against him are laughable."[48]
Confession video
During the joint conference held by the army and the government, a video confession by Jadhav was made public. Jadhav in the video alleged to have said that the Indian intelligence agency RAW was involved in destabilising Pakistan. He also said that he was a serving officer of the Indian Navy and was working in Pakistan at the behest of the RAW.[28][36][35]
Referring to the video, Bajwa said, "There can be no clearer evidence of Indian interference in Pakistan," and added that Jadhav's activities were nothing short of state-sponsored terrorism.[36] In the video, Jadhav[36] acknowledged that he launched a covert operation against Pakistan from the Iranian port of Chabahar for which he used to get instructions from Research and Analysis Wing's joint secretary Anil Gupta.[28][35] He also said that the RAW had been funding the Baloch separatists for the Balochistan insurgency.[35] Jadhav said:[28][35]
I am still a serving officer in the Indian Navy and will be due for retirement in 2022. By 2002, I commenced intelligence operations. In 2003, I established a small business in Chabahar in Iran. As I was able to achieve undetected existence and visits to Karachi in 2003 and 2004 and having done some basic assignments within India for RAW, I was picked up by RAW in 2013.
In the video, Jadhav also revealed that he had been directing various activities in Karachi and Balochistan on instructions from RAW since 2013 and had a role in the deteriorating law and order situation in Karachi.[35] While giving details of these activities, Jadhav said:[28][35]
These activities have been of anti-national or terrorist nature which resulted in the killing and wounding of Pakistani citizens.
India has rejected the video confession. Union Minister Kiren Rijiju claimed, "It is a completely doctored video, fake video made by Pakistan. They are just cooking up stories and doctoring videos to defame India."[15][49][50] Indian agencies have claimed that the video released by Pakistan was heavily edited and the audio has been spliced in several places.[16]
Role of Iran
On 3 April, it was reported that Iran was investigating whether Jadhav crossed the Pakistan-Iran border illegally after the matter was taken up by Pakistani officials in Hassan Rouhani's visit to Islamabad.[51] However, Rouhani denied the report as a rumor, saying that the matter was not even mentioned.[52] Iranian Ambassador to India Gholamreza Ansari[fa] said that Iran was probing into the matter. He said that once Iran completes the investigation, it will share the reports with "friendly countries".[53] The Iranian embassy in Pakistan criticised "certain elements in Pakistan" for spreading "undignified and offensive" remarks that were attributed to Rouhani and added that these rumours "will not impact the positive views of the two countries regarding each other" as Pakistan had proven to be Iran's "trusted partner and neighbour".[54]
Sentence
On 10 April 2017, Jadhav was sentenced to death by a Field General Court Martial (FGCM) in Pakistan, following a confession before the magistrate and court.[17][55][18][56] Jadhav's trial lasted three and a half months and the charges he was convicted for included spying for India, waging war against Pakistan, sponsoring terrorism, and destabilising the state.[57][58] He was tried in a military court due to his naval background and the sensitive nature of his case, involving espionage and sabotage.[30][58] The sentence was confirmed by army chief Qamar Javed Bajwa, and released via the ISPR.[58] Pakistan's Defence Minister Khawaja Muhammad Asif stated that under the provisions of the Pakistan Army Act of 1952, Jadhav had the right to appeal against his conviction on three appellate forums within 40 days.[57]
India accused Pakistan of denying consular access to Jadhav despite several requests. Pakistan, it was said, had also not informed India about Jadhav's trial.[11] As of 2 July 2017, the number of denied consular access stood at 18.[59]
Following the sentencing, the government of India summoned Pakistani High Commissioner to India, Abdul Basit and issued a demarche stating that the proceedings that led to Jadhav's sentencing were farcical and that India would regard Jadhav's execution as murder in the first degree.[6] Basit replied to the Indian foreign secretary that "on the one hand you perpetrate terrorism in Pakistan, and record a protest against us on the other. We have not done anything wrong. A terrorist must be punished."[60]
In an interview to India Today, Basit said Pakistan held sufficient evidence against Jadhav and that it was shared with the Indian government. He also said that Jadhav was given a fair trial, including the right to seek clemency.[58] This was in contrast to his stand before the senate in December 2016.[47]
In a statement issued in the Parliament of India on 11 April 2017, Rajnath Singh, India's Minister of Home Affairs, reiterated that Jadhav was kidnapped by Pakistani agencies from Iran and put through trial as a RAW agent. Sushma Swaraj, India's Minister of External Affairs said there was no evidence of any wrongdoing by Jadhav and termed his sentencing an act of "premeditated murder". Swaraj said that if Pakistan implemented the death sentence, the bilateral relations between both countries would face dire consequences.[61][62]
During a briefing to the Senate of Pakistan, Pakistani defence minister Khawaja Asif stated that Jadhav's prosecution followed due legal process based on the country's laws, rules, and regulations and "there was nothing in the legal proceedings that were against the law." He said that Jadhav had been provided a defending officer throughout the course of his trial.[63] He rejected India's accusations of terming the trial a "premeditated murder".[63] Asif added that Pakistan would allow no concessions to elements who threatened its security and stability, from inside the country or across the border.[63][57]
The ICJ proceedings began in The Hague on 15 May to review the case. India and Pakistan both sent their legal teams to put forward their arguments, led by Harish Salve and Khawar Qureshi respectively.[66] On 18 May 2017, the International Court of Justice stayed the hanging of Jadhav.[19]
On 22 June 2017, Pakistani sources confirmed that Jadhav had sought clemency from the country's army chief following his conviction. Pakistan also released a new confessional video of Jadhav, in which he stated that he visited Karachi twice for gathering intelligence on naval facilities. He also admitted to supporting and funding, on behalf of India's RAW, Baloch militants affiliated with the BLA and BRA, in addition to infiltrating and establishing "30 to 40 RAW operatives along the Makran Coast" for involvement in terrorist activities.[67] Jadhav said that RAW's activities in Balochistan and Sindh were conducted under the direction of Anil Kumar Dhasmana.[68] India's Foreign Ministry again dismissed the confession as "false propaganda", stating that Pakistan was trying to influence ICJ proceedings while denying the consular rights to Jadhav.[69] ICJ did not allow Pakistan to play the video during the hearing.[70]
On 25 December, Jadhav's mother and wife met Jadhav in Islamabad after being allowed permission by Pakistani authorities.[71] India subsequently denounced Pakistan for its handling of the visit of the wife and mother of Jadhav, saying they were harassed and prevented from talking to Jadhav freely.[72]
India moved to the International Court of Justice (ICJ), which after deliberation stayed the execution of the sentence passed by the Pakistani military court, the ICJ also found a violation of Vienna Convention on Diplomatic Relations by Pakistan and directed Pakistan to provide consular access to Kulbhushan Jadhav in its July 2019 verdict.[73][74]
The Research and Analysis Wing (R&AW) is the foreign intelligence agency of India. The agency's primary function is gathering foreign intelligence, counter-terrorism, counter-proliferation, advising Indian policymakers, and advancing India's foreign strategic interests. It is also involved in the security of India's nuclear programme.
Terrorism in Pakistan, according to the Ministry of Interior, poses a significant threat to the people of Pakistan. The wave of terrorism in Pakistan is believed to have started in 2000. Attacks and fatalities in Pakistan were on a "declining trend" between 2015 and 2019, but has gone back up from 2020-2022, with 971 fatalities in 2022.
The Insurgency in Balochistan is an insurgency or revolt by Baloch separatist insurgents and various Islamist militant groups against the governments of Pakistan and Iran in the Balochistan region, which covers the Pakistani province of Balochistan, Iranian province of Sistan and Baluchestan, and Balochistan of southern Afghanistan. Rich in natural resources, this is the largest, least populated and least developed province in Pakistan and Iran, and armed groups demand greater control of the province's natural resources and political autonomy. Baloch separatists have attacked civilians from other ethnicities throughout the province. In the 2010s, attacks against the Shia community by sectarian groups—though not always directly related to the political struggle—have risen, contributing to tensions in Balochistan. In Pakistan, the ethnic separatist insurgency is low-scale but ongoing mainly in southern Balochistan, as well as sectarian and religiously motivated militancy concentrated mainly in northern and central Balochistan.
The Balochistan Liberation Army, is a Baloch ethnonationalist terrorist and militant organization based in Afghanistan. BLA perpetrates its terror activities from its safe havens scattered across Southern Afghanistan into the Pakistan's largest province of Balochistan, where it frequently carries out attacks against the Pakistan Armed Forces, civilians and foreign nationals.
The Baloch Students Organization is a student organisation that campaigns for the students of Pakistan's Balochistan Province. It was founded as a student movement on 26 November 1967 in Karachi and remains the largest ethnic Baloch student body in the country. It got divided due to ideological differences. BSO Pajjar and BSO Mohiuddin are affiliated with the parliamentary framework of Pakistan. Dr Allah Nazar, founder of pro independence wing, in 2002 while he was studying in college, created a breakaway faction — BSO–Azad — that advocated struggle for an independent Balochistan based on pre-colonial Baloch country. The Pakistani government banned the BSO Azad on 15 March 2013, as a terrorist organisation.
Harish Salve KC is an Indian senior advocate who practices at the Supreme Court of India. He served as the Solicitor General of India from 1 November 1999 to 3 November 2002. He also fought the case of Kulbhushan Jadhav at the International Court of Justice (ICJ). On 16 January 2020 he was appointed as a King's Counsel for the courts of England and Wales.
Sarabjit Singh Attwal was an Indian national convicted of terrorism and spying by a Pakistani court. He was tried and convicted by the Supreme Court of Pakistan for a series of bomb attacks in Lahore and Faisalabad that killed 14 bystanders in 1990. However, according to India, Sarabjit was a farmer who strayed into Pakistan from his village located on the border, three months after the bombings.
Ghulam Mohammed Baloch was a Baloch nationalist politician. At the time of his assassination in 2009, he was serving as the president of the Baloch National Movement, as well as the General Secretary of the newly formed Baloch National Front. He had earlier served as a chairman of the Baloch Students Organization. His dead body was discovered on 9 April 2009, five days after being detained by gunmen who were believed to be Pakistani Law enforcement officers. The killing led to riots around Balochistan. He had been detained several times in the past by Pakistani intelligence agencies due to his political activities.
There are or have been a number of separatist movements in Pakistan based on ethnic and regional nationalism, that have agitated for independence, and sometimes fighting the Pakistan state at various times during its history. As in many other countries, tension arises from the perception of minority/less powerful ethnic groups that other ethnicities dominate the politics and economics of the country to the detriment of those with less power and money. The government of Pakistan has attempted to subdue these separatist movements.
Balach Marri was a Baloch separatist and Nationalist leader, serving as the head the Balochistan Liberation Army (BLA), a Baloch nationalist organisation, listed as a terrorist group by Pakistan, China, the United Kingdom, the United States and the European Union.
Indians in Pakistan typically refers to Indian nationals working, studying or generally residing in Pakistan as expatriates. It also includes Indian emigrants to Pakistan, Indian spouses married to Pakistanis and Muhajirs.
Ravindra Kaushik was an Indian Research and Analysis Wing agent who spied for India from 1975 until he was captured in 1983. Also known as The Black Tiger, Kaushik is considered as one of India's greatest spies. He successfully infiltrated the Pakistan Army and reached the rank of major.
Vikram Sood is the former head of India's foreign intelligence agency, the Research and Analysis Wing (R&AW), and an advisor to the Observer Research Foundation, an independent public policy think tank in New Delhi. Sood was an officer of the Indian Postal Service (IPoS) before he joined the intelligence organisation R&AW and later served as its secretary from 2000 to 2003. He retired as a career intelligence officer with 31 years of service on 31 March 2003.
Chaudhary Aslam Khan Swati was a Pakistani police officer. From 2005 to 2014 Aslam arrested and killed terrorists, gangwar-criminals, target killers and extortionists belonging to the Tehrik-i-Taliban Pakistan (TTP), Balochistan Liberation Army (BLA), TMP, Lashkar-e-Jhangvi (LJ), Lashkar-e-Taiba (LeT) and Sipah-e-Sahaba Pakistan (SSP). On 9 January 2014, he was killed in a bomb blast carried out by the TTP.
China–Pakistan Economic Corridor is a 3,000 km Chinese infrastructure network project currently under construction in Pakistan. This sea-and-land-based corridor aims to secure and shorten the route for China’s energy imports from the Middle East, avoiding the existing path through the Straits of Malacca between Malaysia and Indonesia, which could be blockaded in case of war, thereby threatening China’s energy-dependent economy. Developing a deep-water port at Gwadar in the Arabian Sea and establishing a robust road and rail network from this port to the Xinjiang region in western China would serve as a shortcut, enhancing trade between Europe and China. In Pakistan, the project aims to address electricity shortages, develop infrastructure, and modernize transportation networks, while also transitioning the economy from an agriculture-based structure to an industrial one.
Baloch Americans are Americans of Baloch descent.
Uzair Jan Baloch is a Pakistani gangster and former crime lord originally from Karachi, Pakistan. He was a key figurehead of Karachi underworld and notorious gang war in his hometown, Lyari, at his peak around 2012. Baloch is accused in various cases involving murder, extortion, drug trafficking, terrorism, and after being arrested many times, became a fugitive wanted by law enforcement agencies. Due to his influential ties, it is alleged that Baloch enjoyed political patronage and was "protected" by the ruling PPP from facing charges but was eventually nabbed after intervention of federal authorities. Baloch denies all the charges against him and says they are "politically motivated". He is also the former chief of the Peoples Aman Committee, which was a militant group linked to the Pakistan Peoples Party (PPP).
On 23 November 2018, an armed assault on the Chinese consulate in Clifton, Karachi, Pakistan killed four people in an hour-long shootout. Those killed were two policemen, two Pakistani civilians and the three attackers. No Chinese nationals were injured or killed in the attack. The three attackers were also killed.
The International Court of Justice Bill 2020 passed by lower House of Pakistan National Assembly on 11 June 2021, Meanwhile, the House also passed a bill to provide for the right of review and reconsideration to bring into effect the judgment of the International Court of Justice in the Kulbhushan Jadhav case. The bill was moved by Minister for Law and Justice Dr Muhammad Farogh Nasim in the House. The statement of objects and reasons of the bill says that the government of India initiated proceedings against Pakistan in the International Court of Justice (ICJ), concerning alleged violations of the Vienna Convention on Consular Relations of 24 April 1963 "in the matter of detention and trial of an Indian national, Commander Kulbhushan Sudhir Jadhav", who had been sentenced to death by the Military Court in Pakistan in April 2017. The ICJ gave its judgment on 17 July 2019 wherein it observed that "Pakistan is under an obligation to provide by means of its own choosing effective review and reconsideration of the conviction and sentence of Mr Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Vienna Convention, taking account of paragraphs 139, 145 and 146 of this judgment." In order to give full effect to the said judgment, it is necessary that a mechanism for review and reconsideration of Pakistan's own choice be provided. This can be done by law only. Pakistan last year in May passed ordinance which was passed in October same year.
On 26 April 2022, a suicide bombing hit a van near the University of Karachi's Confucius Institute, killing three Chinese academics and their Pakistani driver. The Balochistan Liberation Army, claimed responsibility, saying that the perpetrator was the organization's first female suicide bomber.
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