Kulbhushan Jadav, a former Indian naval officer may or may not have been working for Indian intelligence. But there can be no doubt that he was entitled to the due process of law which is the basis of civilized societies. But Pakistan has made a mockery of it by delivering the death sentence on him without giving him the legal rights. It is at odds with the democratic norms which Pakistan pretends to adhere to. Islamabad has discredited itself in the eyes of the world with the handling of the Jadav case. No country tries alleged spies in closed military courts without legal representation. They are allowed to contact their consular officials. Pakistan did not even think it necessary to produce evidence relating to Jadav’s case. The details of his crime have not been made known. Why has Pakistan acted in this way? It is not clear whether it is due to civil and military tensions or retaliation against the alleged abduction of a Pakistani official. In December, Pakistan’s de facto foreign minister, Sartaj Aziz, said that evidence against Jadav was insufficient.
The Jadav case demonstrates Pakistan’s paranoiac state of mind. The civilian government in Islamabad has given way to the army’s effective authority. Since 2015, military courts have been empowered in Pakistan to try civilians accused of terrorism-related offences. 161 death sentences have since been delivered in closed door courts. The International Commission for Jurists has roundly condemned these military courts for concealing basic information on trials. The Jadav case is bound to upset the bilateral approach of India and Pakistan. India’s external affairs minister, Sushma Swaraj has already been on the warpath.