War Of Words – Allahabad HC Orders Release Of Kulbhushan Jadhav From Pak Jail

With the sentiments of entire India at stake, the release of Kulbhushan Jadhav is imminent. The Allahabad High Court today disposed of a PIL with certain observations for release of Jadhav from Pakistan and his deportation to India.

Jadhav was convicted with capital punishment in Pakistan recently.

“In the instant case, if the negotiations have to take place, there is no reason for us to issue any direction at this stage as we hope and trust that the Union of India through its respective authorities must be taking appropriate steps in order to ensure that full diplomatic, legal as well as moral support is extended to the detenue in order to secure the interest of his life and liberty as prayed by the petitioner,” the Lucknow bench of the high court observed.

The order was passed yesterday by a division bench of justices Amreshwar Pratap Sahi and Sanjay Harkauli on a PIL filed by local lawyer S K Gupta.

The petitioner had sought direction to the Centre and its authorities to take appropriate legal steps in the matter.

Referring to a judgement of the Supreme Court of 2011, the court said the request was transmitted directly to the Pakistani authorities through the Solicitor General of India and accordingly, after the negotiation the outcome of the said request appeared to have been respected by the Pakistani authorities.

The petitioner submitted that an innocent person had been convicted and confined contrary to all norms of natural justice.

The charge against the detenue was alleged to be of espionage and such allegations that had been tried by special court in Pakistan, the petitioner said.