Thursday 13 April 2017

13 APR 2017 KULBHUSHAN YADAV

Kulbhushan Yadav

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Commander
Kulbhushan Yadav
Allegiance India
ServiceResearch and Analysis Wing (alleged)
Active2003—2016
Codename(s)Hussain Mubarak Patel (alleged)
Birth nameKulbhushan Jadhav[1]
Born16 April 1970 (age 46)[2]
NationalityIndian
ResidenceMumbai, Maharashtra, India
ParentsSudhir Yadav[3]
OccupationNaval officer
Military career
Service/branch Indian Navy
Years of service1987—
RankCommander
Kulbhushan Sudhir Yadav (also spelled Kul Bhushan Yadav alias Hussain Mubarak Patel[4][5]) or Kulbhushan Jadhav[1] is an Indian national arrested in Balochistan, Pakistan, over charges of terrorism and spying for India's intelligence agency, the Research and Analysis Wing (R&AW).[6][7][8][9]
The Pakistani government states that he is a serving commander-ranked officer in the Indian Navy who was involved in subversive activities inside Pakistan, and was arrested on 3 March 2016 during a counter-intelligence operation in Balochistan.[10][11][12][13] The Indian government recognises Yadav as a former naval officer, but denies links with him and maintains he took premature retirement and was possibly abducted from Iran.[14][15][16]
On 10 April 2017, Yadav was sentenced to death by a Field General Court Martial (FGCM) in Pakistan.[17][18][19][20]

Background

According to the reports in the Pakistani media, Yadav joined the Indian National Defence Academy in 1987 and was commissioned in the engineering branch of the Indian Navy in 1991.[4] After an attack on Parliament, he started gathering information and intelligence within India. After 14 years of service he allegedly entered into intelligence operations in 2003 and established a small business in Chabahar in Iran.[21]

Arrest

According to the Pakistani government, on 3 March 2016, Yadav was arrested inside Balochistan during a counterintelligence raid conducted by security forces. He was arrested near the border region of Chaman, having made an illegal entry into Pakistan via Iran.[6][22]Pakistani security forces reported Yadav as a serving officer in the Indian Navy and asserted that he was commissioned to the Research and Analysis Wing, India's external intelligence agency. They believed him to be involved in subversive activities in Balochistan andKarachi.[22][23] Yadav was shifted to Islamabad for interrogation.[6]
Balochistan Home Minister Sarfraz Bugti said that Yadav was working for RAW and was in contact with Baloch separatists and terrorists fueling sectarian violence in the province and the country.[22] He further added that he was involved in financially supporting terrorists and also admitted his involvements in Karachi's unrest.[22] Interrogation of the intelligence operative brought out into the open the naval fighting training being conferred to Baloch separatists, in an attempt to target the ports of Gwadar and Karachi.[24] Pakistani authorities stated that Yadav during interrogation gave details about funding and plans to destabilize the country.[4] They added that Yadav also unfolded the presence of other operatives present in the southern metropolis.[4]
During the joint conference held by the army and the government, Yadav's video confession was made public. Asim Bajwa told that Yadav converted to Islam, adopted a false identity and worked at Gadani under the cover of a scrap dealer.[25] He stated that he was administered to establish a network of operatives, provision of funds, and arrange and smuggle people for terrorism in the country.[25] He said that Yadav told the interrogators to use a code phrase — "your monkey is with us" — in order to inform his handlers and the Indian authorities about his arrest.[26] Asim also claimed to have confiscated maps from him. He enunciated that there could be no clearer evidence of foreign interference in Pakistan. He termed the arrest of an intelligence or an armed forces officer of his rank a big achievement.
India accepted that an officer arrested in Pakistan served with their navy but at the same time denied that he was an agent for intelligence agency. Indian MEA communicated that Yadav took premature retirement from the navy and the government had no link since his retirement from the Indian Navy.[27] India expounded that Pakistan had fabricated the documents without ascertaining discrepancies .[28] Pakistan has previously raised concerns over involvement of foreign elements in terrorist activities in its territory but this was the first instance of India acknowledging the arrest across the border of an individual associated with its armed forces.[27]

Abduction

The Indian Ministry of External Affairs stated that Yadav was an Indian Navy officer who retired prematurely, but he has no link with the government.[29] The Indian High Commission has also sought consular access to Yadav but Pakistan has not agreed to it.[30] According to Indian sources, Yadav was abducted by Pakistan's forces from the Iran–Pakistan border and Pakistan had fabricated his documents and leaked them without realising glaring inconsistencies in the same. According to sections of Indian media, extremist Sunni radical group, Jaish ul-Adl is responsible for the kidnapping of Yadav from the Iran–Pakistan border.[31]
According to Indian official, Yadhav owns a cargo business in Iran and had been working out of Bandar Abbas and Chabahar ports. "It appears that he strayed into Pakistani waters. But there is also a possibility that he was lured into Pakistan sometime back and fake documents were created on him by the ISI.[30]

Activities

Pakistan stated that Yadav entered Chabahar with a visa stamped on a fake passport numbered L9630722 `in 2003 where he got a new identity of Hussain Mubarak Patel—born in 30 August 1968, from Maharashtra, India.[4]  Officials claimed that his job was to destabilise Pakistan by strengthening a separatist movement in Balochistan and Karachi—a mission which officially began in 2013.[4] They said that Yadav was an expert in naval fighting techniques.[8] During interrogation Yadav revealed that at Wadh, he was in contact with Haji Baloch, who provided financial and logistic support to Baloch separatists and the IS network in Karachi.[4][5]  He also said that the masterminds of the Safoora bus attack, where gunmen shot dead 45 Ismaili passengers, were also in contact with Haji Baloch.[5] Yadav added that he had met Baloch several times, sometimes for planning sectarian violence in Karachi and the rest of Sindh.[4][5]
Pakistan's DG ISPR Asim Bajwa said that Yadav's goal was to sabotage the China-Pakistan Economic Corridor through propaganda—with Gwadar port as a special target and also to create disharmony among the Baloch nationalist political parties.[8][32] Yadav had also purchased boats at the Iranian port in Chabahar to target Karachi and Gwadar ports in a terrorist plot.[8]

Confession

Yadav in a "video confession" admitted that the Indian intelligence agency RAW was involved in destabilising Pakistan. He also confessed that he was a serving officer of the Indian Navy and was working in Pakistan at the behest of the RAW.[8][26][32]
Referring to the video, Bajwa said, “There can be no clearer evidence of Indian interference in Pakistan,” and added that Yadav’s activities were nothing short of state-sponsored terrorism.[26] In the video, Yadav appeared relaxed[26] as he acknowledged that he launched a covert operation against Pakistan from the Iranian port of Chabahar for which he used to get instructions from Research and Analysis Wing's joint secretary Anil Gupta.[8][32] He also admitted that the RAW had been funding the Baloch separatists for the Balochistan insurgency.[32] Yadav said:[8][32]
In the video, Yadav revealed that he had been directing various activities in Karachi and Balochistan on the instructions from the RAW since 2013 and confessed of playing a role in deteriorating law and order situation in Karachi.[32] While giving details of these activities, Yadav said:[8][32]
However, India has rejected the video confession. Union Minister Kiren Rijiju claimed, "It is a completely doctored video, fake video made by Pakistan. They are just cooking up stories and doctoring videos to defame India."[15][33][34] According to Indian official, Yadhav owns a cargo business in Iran and had been working out of Bandar Abbas and Chabahar ports. “It appears that he strayed into Pakistani waters. But there is also a possibility that he was lured into Pakistan sometime back and fake documents were created on him by theISI.[35] According to another official in the security establishment, Jadhav "may have been trapped by Pakistan authorities after they came to know of his background" and "it could be a planned operation to fabricate documents and later show the arrest from Chaman."[35]
Indian intelligence officials suspect that Yadav was abducted from the Iran–Pakistan border by an extremist radical group called Jaishul Adil. Jaishul Adil, designated a terrorist organisation by Iran, is linked to the Al Qaeda and has been accused of targeting Iranian border guards. Indian agencies have stated that the video released by Pakistan was heavily edited and the audio has been spliced in several places. They also pointed to the inconsistencies between the claims made by Balochistan minister Sarfaraz Bugti that Yadav was picked up from Chaman on the Afghan border, and those made by general Bajwa that he was picked from Saravan.[16]

Role of Iran

On 3 April, it was reported that Iran was investigating whether Yadav crossed the Pakistan-Iran border illegally after the matter was taken up by Pakistani officials in Hassan Rouhani's visit to Islamabad.[36] However, Rouhani denied the report, saying that the matter was not even mentioned.[37] Iranian Ambassador to India Gholamreza Ansari said that Iran was probing into the matter. He said that once Iran completes the investigation, it will share the reports with “friendly countries”.[38] The Iranian embassy in Pakistan criticized “certain elements in Pakistan” for spreading “undignified and offensive” remarks that were attributed to Rouhani and added that these rumours “will not impact the positive views of the two countries regarding each other” as Pakistan had proven to be Iran's “trusted partner and neighbor”.[39]

Media coverage

In India, a section of media televised that India had sought consular access to assess the facts but Pakistan denied it on the pretext of his claimed involvement in terrorist activities.[40] Pakistani High Commission briefed that no paperwork from India was received in this regard.[41] Indian media quoted government sources that Yadav owned a cargo business in Iran and had been working out of Bandar Abbas and Chabahar ports. The New Indian Express reported that according to Indian government sources, Yadav was lured into Pakistan and fake documents were created by Inter-Services Intelligence.[28]
Indian author and journalist Hussain Zaidi claimed that Yadav was a spy and may have been arrested by Intelligence Bureau of Pakistan because after a stay period of 14 years he had become a bit complacent.[42][43]
While speaking at the Pakistan Institute of International Affairs, German diplomat Gunter Mulack claimed that Yadav was caught by the Taliban and sold to Pakistani intelligence.[44] Pakistani newspaper The News noted that no Taliban groups operate in Iran, and stated that Mulack's statement reflected a "poor understanding of the issues and the dynamics of regional politics.".[44] After Yadav's sentencing, Mulack told the Times of India that his information was based on "unconfirmed speculation from reliable sources which I cannot identify, nor confirm. Maybe it is not true."[45]

Sentence

On 10 April 2017, Yadav was sentenced to death by a Field General Court Martial (FGCM) in Pakistan.[17][18][19][20] Yadav's trial lasted three and a half months and the charges he was convicted for included spying for India, working against Pakistan's integrity, sponsoring terrorism, and destabilising the state.[46] Pakistan's Defence Minister Khawaja Muhammad Asif informed that under the provisions of the Pakistan Army Act, 1952, Yadav had the right to appeal against the conviction on three appellate forums within 40 days.[46]
Following the sentencing, the government of India summoned Pakistani High Commissioner to India, Abdul Basit and issued a demarche stating that the proceedings that led to Yadav's sentencing were farcical and that India would regard Yadav's execution as murder in the first degree.[1] Basit replied to the Indian foreign secretary that "on the one hand you perpetrate terrorism in Pakistan, and record a protest against us on the other. We have not done anything wrong. A terrorist must be punished."[47] In a statement issued in theParliament of India the following day, Rajnath Singh, India's Minister of Home Affairs, reiterated that Yadav was kidnapped by Pakistani agencies from Iran and put through trial as a RAW agent. Sushma Swaraj, India's Minister of External Affairs said there was no evidence of any wrongdoing by Yadav and termed his sentencing an act of "premeditated murder". Swaraj said that if Pakistan implemented the death sentence, the bilateral relations between both countries would face dire consequences.[48][49]
During a briefing to the Senate of Pakistan, Pakistani defence minister Khawaja Asif stated that Yadav's prosecution followed "due legal process" based on the country's laws, rules and regulations and "there was nothing in the legal proceedings that was against the law." He said that Yadav had been provided a defending officer throughout the course of his trial.[50] He rejected India's accusations terming the trial a "premeditated murder".[50] Asif added that Pakistan would allow no concessions to elements who threatened its security and stability, from inside the country or across the border.[50][46]

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