Govt likely considering high-value prisoner swap to get Kulbhushan Jadhav back

The first option is to exercise the legal route and file an “appeal” against the decision of the military court. In this case, the appeal can only be filed by the accused.

Written by Shubhajit Roy | New Delhi | Updated: April 13, 2017 8:58 am
Kulbhushan Jadhav, Kulbhushan Jadhav Pakistan, Pakistan death row, Kulbhushan Jadhav death row, military court Kulbhushan Jadhav, Jadhav family, Indian Express, Indian Express A TV grab of Kulbhushan Jadhav

The government is exploring various legal and diplomatic options, including a high-value prisoner swap, in an all-out bid to save Indian national Kulbhushan Jadhav, who has been awarded the death sentence by a military court in Pakistan on charges of spying, South Block sources told The Indian Express Wednesday. Top officials from the National Security Council Secretariat and the ministries of external and home affairs have been tasked with formulating India’s response, said sources. The first option is to exercise the legal route and file an “appeal” against the decision of the military court. In this case, the appeal can only be filed by the accused.

Sources said that if Pakistan does not allow that to happen, the government is exploring one of three routes to appeal in the Supreme Court of Pakistan: by Jadhav’s family, which has the legal humanitarian right to do so; by the government, citing protection from harm to an Indian citizen overseas; by prominent human rights activists and organisations in Pakistan, citing human rights violations. Sources said the government is preparing a list of individuals and organisations in Pakistan, who could be approached for the last route.

READ: Nawaz Sharif, Pakistan Army chief decide not to bow to India’s pressure

The second option is the “diplomatic” way, which will require exploring all the leverage New Delhi has in its arsenal, said sources. One move would be to identify a “high-value” Pakistani prisoner in India’s custody and negotiate a trade-off.

Another approach on the diplomatic front would be to identify and negotiate on an issue in a manner that could benefit Islamabad. However, some in the establishment have warned of the risk involved in getting into a “quid pro quo” situation on a bilateral issue. “While an individual or a group of individuals is a more pragmatic option, linking Jadhav’s fate with an issue is not advisable,” said sources.

READ: Sushma Swaraj denies taking assistance from Tharoor in drafting Parl resolution

The third option, sources said, would be to involve international partners. In this context, sources said, a conversation between National Security Advisor Ajit Doval and his US counterpart H R McMaster cannot be ruled out — the American NSA is expected to meet with Pakistan’s NSA Nasser Janjua.

As of now, said sources, all routes are being mapped out, with Doval and Foreign Secretary S Jaishankar asking officials to prepare a dossier on Jadhav’s options. Sources confirmed that “no outreach” has taken place so far between the two sides. However, with Pakistan’s Defence Minister and senior officials indicating that Jadhav will have legal appeals at his disposal, and the Pakistan Army yet to specify a date for the death sentence to be executed, New Delhi is hopeful that there is “scope” for negotiation.

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  1. M
    Moore Larry
    Apr 13, 2017 at 10:59 pm
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    Reply
    1. A
      Angel Fair
      Apr 13, 2017 at 8:41 pm
      There is no shame in when a spy gets caught by other side. Look at the cold war history and you will see many such cases involving CIA/KGB and M16. What RAW should do is to train their spies better , so they don't get caught with ease
      Reply
      1. K
        KnowTheTruth
        Apr 13, 2017 at 5:00 pm
        Pak is a rabied dog and time has come that it is shot in the bottom in the middle of the street. The arbitrary sentencing of Mr.Jadhav is a consequence of Pak's frustration because the world recognizes it as a terror hub, an epicenter of global jihadi terrorism and China's sidekick. stan establishment is flouting all international norms right from the orchestrated kidnapping of Mr.Jadhav, to his detention and make believe trial. The same establishment had dismissed irrefutable evidence against Hafeez Saeed, David Headley, Zaki-Ur-Rehman Lakhvi and Masood Azhar who are UN designated terrorists. The world should rise against this nefarious failed country and make sure they are neutralized forever.
        Reply
        1. J
          Juju
          Apr 13, 2017 at 8:18 pm
          Now India has become an expert in surgical strikes under the able leadership of Modi Ji Only a few more surgical strikes can teach stan a lesson
          Reply
          1. Z
            Zack
            Apr 13, 2017 at 8:52 pm
            Try it again and see what happens to the Chaiwala
        2. P
          Pagrri Sanbhaal
          Apr 13, 2017 at 12:35 pm
          So what about the idea circulating by the Indiots to carry out James bond type of operation and abduct this mawali looking slueth out of the clutches of P akistan? Gone ? you Indiots are only good at making tall claims but having no balls,we all know.Thats why we like to kick u on your buts always.And where is now that old c unt ? warning the great nation of Pa kistn of serious repurcussions? repurcussion my d ick.
          Reply
          1. K
            KnowTheTruth
            Apr 13, 2017 at 5:07 pm
            Stop barking you dog. Pray for Lt Col Mohammed Habib Zahir of ISI, because there won't be any stupid videos with his confession posted on .
            Reply
            1. J
              Juju
              Apr 13, 2017 at 8:21 pm
              Why do'nt Govt orders a few surgical strike and give it a wide publicity
          2. D
            Desai and franacis
            Apr 13, 2017 at 12:31 pm
            have anyone seen his confessional sataement and his tasks for terrorism which had been igned by our RAW. which, apna desh sanbhalta nahin , dosron ke ghar aag lagao. modi ji
            Reply
            1. D
              Desai and franacis
              Apr 13, 2017 at 12:30 pm
              we the idnians have a number of local problems, there are more than 30 freedom movements are running in india, if we will inlvolve to destroy neighbour, one day our idnia will be divided into 30 states, similar before the britishers, as there weas no india before brisishers, refence. book of prof thapar, we should be refrain from doing terrosit activities in paksitan, nepal and bangladesh, we should concentrate in our land. question: what was doing yadav in baluchsitan when he got arrested? no answer to this question from RAW of our so called india govenment. think think think
              Reply
              1. P
                Pagrri Sanbhaal
                Apr 13, 2017 at 1:28 pm
                Sane comments.I like you.
                Reply
              2. D
                Desai and franacis
                Apr 13, 2017 at 12:30 pm
                have anyone seen his confessional sataement and his tasks for terrorism which had been igned by our RAW. which, apna desh sanbhalta nahin , dosron ke ghar aag lagao. modi ji
                Reply
                1. D
                  Desai and franacis
                  Apr 13, 2017 at 12:27 pm
                  we the idnians have a number of local problems, there are more than 30 freedom movements are running in india, if we will inlvolve to destroy neighbour, one day our idnia will be divided into 30 states, similar before the britishers, as there weas no india before brisishers, refence. book of prof thapar, we should be refrain from doing terrosit activities in paksitan, nepal and bangladesh, we should concentrate in our land. question: what was doing yadav in baluchsitan when he got arrested? no answer to this question from RAW of our so called india govenment. think think think
                  Reply
                  1. D
                    Desai and franacis
                    Apr 13, 2017 at 12:24 pm
                    yadav along with network of Raw's 300 spy personage got arrested on pointation of yadav were invovled in terrorista cticities in baluchistan, he was apprenhnded by the same goup of al qaida/taliban from whom he had paid a billion of rupeess for terrorist activities in baluchistan and karachi , he had also made stani p port with the name of memon. the same group of treorist talibvan who was owrking on payment from raw has finally took him for the non fulfiment of pyament of terrisit acitvities which they had done, but after the completion of tast on default they abducted him and demanded their money , on refusal from RAW, they sold him to ISI in quetta. intially indian govt refused to recongise yadav, but after he had confessed they are demanding their high level spy kulbishan yadav back, becausae he has exposed ther terrorism policy of india, from afghanistan
                    Reply
                    1. D
                      Desai and franacis
                      Apr 13, 2017 at 12:22 pm
                      yadav along with network of Raw's 300 spy personage got arrested on pointation of yadav were invovled i terrorista cticities in baluchistan, he was apprenhnded by the same goup of qaidi from whom he had paid a billion of rs to terrorist activities , he had also mad stani p port with the name of memon. the same group of treorist talibvan who was owrking on payment from raw has finally took him for the non fulfiment of pyament of terrisit acitvities which they had done, but after the completion of tast on default they abducted him and demanded their money , on refusal from RAW, they sold him to ISI in quetta. intially indian govt refused to recongise yadav, but after he had confessed they are demanding their high level spy kulbishan yadav back, becausae he has exposed ther terrorism policy of india, from afghanistan
                      Reply
                      1. M
                        mumbai
                        Apr 13, 2017 at 10:55 am
                        I agree maharashtra government can go ahead in demolishing jinna house
                        Reply
                        1. M
                          mumbai
                          Apr 13, 2017 at 10:50 am
                          Thank God Modi is not in opposition.
                          Reply
                          1. J
                            Juju
                            Apr 13, 2017 at 8:28 pm
                            Our Event Manager can only think about an event to which he can give wide publicity
                            Reply
                          2. R
                            rohitchandavarker
                            Apr 13, 2017 at 10:39 am
                            There seems to be more than meets the eye in the l'affraire Kulbhushan Jadhav. After having grabbed Jadhav more than a year back under dubious cir stances, stan might have found little utility in extending his incarceration. However, things changed dramatically a few days back. A retired Lt. Col. Ansari now working undercover allegedly was part of the team that ensnared Jadhav. He has disappeared from Lumbini Nepal is supposedly in the custody of Indian intelligence agencies. stan may have decided to up the ante by sentencing Jadhav to death as a means of driving a harder bargain in securing Ansari. However, things may not go as planned by Rawalpindi as they have invited international attention towards Jadhav while India take hide under plausible deniability in Ansari's case. Further pressure would be brought to bear on stan next week when US NSA McMaster arrives in Delhi & Islamabad.
                            Reply
                            1. S
                              Srirama
                              Apr 13, 2017 at 4:42 pm
                              I agree with your openion.
                              Reply
                              1. K
                                KnowTheTruth
                                Apr 13, 2017 at 7:24 pm
                                You are absolutely right. Mr.Jadhav's sentencing is Pak's knee jerk reaction to the disappearance of ISI's Lt.Col.Habib Ansari who was honeymooning his 4th wife in Lumbini. ISI is uming that he has been picked up by RAW. Only cheapo can think on these lines.
                                Reply
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                                arc
                                Apr 13, 2017 at 10:12 am
                                And what happened to auntie sushma's big talk about giving a ing reply to stan? As usual empty threat?
                                Reply
                                1. K
                                  KnowTheTruth
                                  Apr 13, 2017 at 7:20 pm
                                  Stop barking you dog. Pray for Lt Col Mohammed Habib Zahir of ISI, because there won't be any stupid videos with his confession posted on .
                                  Reply
                                2. G
                                  guestgrover
                                  Apr 13, 2017 at 9:43 am
                                  Nonsense media (print or media) starts commenting even before negotiations take shape. can not keep shut.
                                  Reply
                                  1. M
                                    Mohammad Dar
                                    Apr 13, 2017 at 9:40 am
                                    Hang him and hang him high, deserving of not of a human being, but of a hindu terrorist because , there is no good hindu terrorist but a dead hindu terrorist by faith, on a payer of fire.
                                    Reply
                                    1. R
                                      romi
                                      Apr 13, 2017 at 12:37 pm
                                      pig brain worry about your own family as allah wont come to help you daily terror attacks in stan
                                      Reply
                                      1. E
                                        Essu
                                        Apr 13, 2017 at 5:36 pm
                                        You muslim bigots don't know anything except religion. Islamic Terrorism all around the world.
                                        Reply
                                      2. S
                                        SWISSma
                                        Apr 13, 2017 at 9:39 am
                                        That is not worth anything? why exchange our prisoners for that stupid?
                                        Reply
                                        1. I
                                          irfan
                                          Apr 13, 2017 at 9:39 am
                                          Why India Deteriorating law and order situation of stan Aadha Hindustan Bhooka Mar Raha hai aur ham Doosroon K Muamlat Khrab Kr Rahe hain.
                                          Reply
                                          1. S
                                            Srirama
                                            Apr 13, 2017 at 4:53 pm
                                            90 of Indian Po tion is fine, only 10 of the po tion is suffering with un-employment and agricultural failures due to waggery Monsoons. We are all proud to be Indians, pl. have patience to notice the fast development of India. As long as s feel jealous of India's development, they fall back with the same pace. We all aware that there is no value for LIFE in sthan. Most of the problems in India are due to selfiesh at ude of some politicians. Soon they will migrate to P or settle in China.
                                            Reply
                                          2. M
                                            Mahender.Goriganti
                                            Apr 13, 2017 at 9:36 am
                                            Modiji should get help from our partner country the great Israel to influence the world powers through its liaisons in DC and put pressure on P a k i stan to release our beloved fellow patriot of Bharat, more so since that is a brahmin!
                                            Reply
                                            1. L
                                              l s
                                              Apr 13, 2017 at 9:35 am
                                              Is it necessary to publish every move of our govt in such high profile cases ????? Can't secresy be maintained in this matter, as happens in other nations ????? Big mouths should be shut and brains used.
                                              Reply
                                              1. R
                                                romi
                                                Apr 13, 2017 at 12:39 pm
                                                why blame media they want ma its authorities concerned who should keep mouth shut modi still has not been able to control his staff & those handling this issue
                                                Reply
                                              2. S
                                                Seshadri
                                                Apr 13, 2017 at 9:28 am
                                                The sources and the publishers should be sentenced to life for anti national activities
                                                Reply
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