Every thing about the Kulbhushan Jadhav case, in which Pakistan claimed to have captured an Indian spy and sentenced him to death on charges of terrorism, has seemed not just scripted but downright hammy. This week’s developments, in which Islamabad decided to finally allow Jadhav’s mother and wife to meet him as a humanitarian gesture on the birthday of Mohammad Al Jinnah, fit the bill perfectly. Pakistan’s move was meant to signal to the world that it was willing to be more generous to a man whom it has otherwise portrayed as an evil terror mastermind as well as proof of India’s alleged perfidy. Instead, the exact circumstances of the meeting has led to more questions about how Pakistan has treated the man, even as the International Court of Justice prepares to examine the same question.

On Tuesday, India’s External Affairs Ministry issued a statement about the meeting between Jadhav and his wife and mother. “Prior to the meeting, the two governments were in touch through diplomatic channels to work out its modalities and format. There were clear understandings between the two sides and the Indian side scrupulously abided by all its commitments,” the statement said. “However, we note with regret that the Pakistani side conducted the meeting in a manner which violated the letter and spirit of our understandings.”

Indian concerns

The statement listed the Indian government’s concerns:

  • Pakistani press was allowed to harass Jadhav’s wife and mother despite an agreement that journalists would not be permitted close access.
  • In the name of security, cultural and religious sensibilities were disregarded, including Pakistani authorities insistence that Jadhav’s relatives remove their mangal sutra, bangles and bindis.
  • Jadhav’s mother was prevented from talking to her son in their mother tongue, Marathi, and was repeatedly interrupted every time she tried to do so.
  • The meeting began without India’s deputy high commissioner, who was separated from the family. Even when he was allowed to join, he was kept behind an additional partition.
  • “For some inexplicable reason, despite her repeated requests, the shoes of the wife of Shri Jadhav were not returned to her after the meeting. We would caution against any mischievous intent in this regard.”

In addition to these concerns, the statement also said that, based on feedback the ministry received after the meeting – including the family members meeting with External Affairs Minister Sushma Swaraj – they concluded that Jadhav appears to be under stress and speaking in an atmosphere of coercion. “Most of his remarks were clearly tutored and designed to perpetuate the false narrative of his alleged activities in Pakistan. His appearance also raises questions of his health and well being.”

The statement, in fact, concludes with a straightforward argument: “The manner in which the meeting was conducted and its aftermath was clearly an attempt to bolster a false and unsubstantiated narrative of Shri Jadhav’s alleged activities. You would all agree that this exercise lacked any credibility.”

Pakistan’s line

Pakistan, as one might expect, is taking a very different line, insisting that the fact that allowed this meeting shows its magnanimity, never mind that India has been demanding both this as well as consular access to Jadhav for the past 22 months. The very framing of what the meeting is not about in fact tells you what Islamabad was hoping to do here.

“This meeting has nothing to do with the case pending before the International Court of Justice or with politics,” said Muhammad Faisal, spokesperson for Pakistan’s Foreign Office. “Let me be very clear that Pakistan permitted the Indian request totally on humanitarian grounds in line with Islamic principles and teachings. Islam is a religion of peace... and it was a gesture of good faith and compassion... It has nothing to do with consular access.”

Except it does, even more so after Foreign Minister Khwaja Asif claimed on Sunday that Pakistan had given India consular access to Jadhav, a claim that was walked back the following day. Consular access is one of the key aspects being considered by the International Court of Justice, which passed an interim order in May telling Pakistan not to execute Jadhav since there were questions about his treatment and due process.

That order in May was a setback for Pakistan, which has since been forced to walk a tightrope, both using Jadhav to whip up anti-India sentiments at home, while also trying to convince the International Court of Justice and the global community that it has acted above board. Faisal even said on Monday that the meeting between Jadhav and his family was not the last and, according to the Express Tribune, he is “under no immediate threat of execution”.

Much of this has to do with the fact that the Jadhav case is set to be taken up again at the International Court of Justice in January and Pakistan would like to have favourable press in the run-up to the hearings, especially after many believed it was caught napping when it got the adverse order in May. Yet at the same time, since Islamabad is not actually allowing consular access, it cannot make the connection to that case explicit. And hence the facade of a large-hearted humanitarian gesture that leaves no one happy, but sets the tone for more headlines about the Jadhav case once the focus moves to the Hague next month.