Jadhav's mother appeals against death sentence

Jadhav's mother appeals against death sentence

Jadhav's mother appeals against death sentence

Former Indian Navy officer Kulbhushan Jadhav’s mother Avanti Sudhir Jadhav appealed against the death sentence awarded to her son by a military court in Pakistan.

She moved the Court of Appeal in accordance with the provisions of Section 133B of the Army Act of Pakistan and appealed against the verdict in the neighbouring country.
Jadhav has been charged with involving in “sabotage and espionage”. New Delhi’s envoy to Islamabad, Gautam Bambawale, met Pakistan Foreign Secretary Tehmina Janjua on Wednesday and handed over the appeal by Jadhav’s mother.

Bambawale also handed over to Janjua a petition by Avanti to the Federal Government of Pakistan.

“The mother of (Kulbhushan) Jadhav has requested the intervention of the Federal Government of Pakistan for his release and has expressed her desire to meet him,” Gopal Baglay, spokesperson of the Ministry of External Affairs, said in New Delhi. “Also handed over was an appeal by the mother to the Court of Appeal, on behalf of Jadhav, who continues to be in detention in Pakistan on concocted charges,” Baglay added.
Section 133B of the Army Act of Pakistan provides that a person, who has been awarded a death sentence by a Field General Court Martial, can move a Court of Appeal, consisting of Chief of Army Staff or one or more officers designated by him.

The decision of the Court of Appeal is almost final as the laws in Pakistan do not allow anyone to challenge the order of a military court in a civilian court.

One can only invoke the writ jurisdiction of the high courts or the Supreme Court of Pakistan, just to challenge the decision to try a person in a military court.

Bambawale also conveyed to Janjua New Delhi’s request to facilitate visas for Jadhav’s parents.
Foreign Secretary S Jaishankar, too, conveyed the same to Pakistan’s High Commissioner to India, Abdul Basit, in New Delhi on Tuesday.

New Delhi also renewed its request to Islamabad for consular access to Jadhav for the 16th time. Pakistan has refused to comply, saying that Jadhav was a spy and not covered under the bilateral agreement on consular access.