Jhadav was caught in Balochistan in 2016 while traveling on an Iranian passport
Convicted Indian Spy Kulbhushan Jhadav has decided against filing a review petition in the Islamabad High Court against his death penalty and instead plans to file a mercy appeal, according to officials.
Jadhav — a serving commander of the Indian Navy working Indian spy agency Research and Analysis Wing (RAW) — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism. He has been on death row since 2017.
Mercy Plea
Jhadav confessed that he was spying for India and being a current part of the Indian navy. He was caught traveling on an Iranian passport as a businessman at the time of his arrest. India denies him being an active part of the navy.
He was planning on filing a mercy plea in 2017 against the death penalty when India took matters to the International Court of Justice. He had again confessed in the plea. India wants to bring its own lawyers to defend the spy but it is not possible since if the plea is in IHC, only a locally licensed lawyer can plead the case. Indian lawyers, however, can assist the attorney. However, it appears the Jhadav is not looking to file a review petition, the deadline for which is July 19.
The International Court of Justice
ICJ gave a verdict that validated Pakistan’s stance. While the court found that Pakistan had made minor violations of the Vienna Conventions, it refused India’s request of his release and repatriation to India. “…it is not the conviction and sentence of Mr. Jadhav which are to be regarded as a violation of Article 36 of the Vienna Convention,” the court said in its decision.
“The Court notes that Pakistan acknowledges that the appropriate remedy in the present case would be effective review and reconsideration of the conviction and sentence,” it added.
Family Meet Up
Pakistan has offered a meet up between Jhadav and his wife and father. Previously, Jhadav’s wife and mother travelled to Pakistan and held a brief meeting with him. India has yet to respond to the offer.