New Delhi: A Pakistani military court has handed down death penalty to alleged Indian spy Kulbhushan Jadhav. The verdict came barely six weeks after Pakistan foreign affairs advisor Sartaj Aziz discounted the possibility of Jadhav's extradition to India. Aziz had ruled out Jadhav’s extradition while speaking at Senate, or the Upper House, in early March.
Pakistani civilian government’s stand on Jadhav’s case has been ambiguous. In December, Aziz had said that there was not enough evidence against Jadhav, who is recognised by New Delhi as a businessman.
Pakistan legalised military court trials of terror suspects for a period of two years in January 2015, soon after terrorists killed 144 people, mostly children, at an Army Public School in Peshawar.
Kulbhushan doesn't have the option of appealing before a civilian court. According to Pakistan Army Act 1952, those convicted by military courts can only appeal to the Military Appellate Tribunal.
Convicts can, however, get the decisions of a military court "reviewed" by a civilian court under Section 7.2.3 of the Pakistan Army Act.
After the adoption of the 21st Amendment and amendments to the Army Act, 1952, military courts can put civilians on trial only if suspects are known to belong to “any terrorist group or organization using the name of religion or a sect”; and be accused of carrying out certain acts of violence and terrorism.
Military courts in Pakistan have convicted a total of 274 individuals after they were revived by the Nawaz-led government in 2015.
According to a report by International Commission of Jurists, Pakistan is the only country in South Asia to allow military courts to try civilians for non-military offences, including offences related to terrorism.
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