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
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