File photo of former Indian Navy officer Kulbhushan Jadhav | Photo Credit: PTI
The Indian High Commission (HCI) in Islamabad has refused to give any information about the status of alleged spy Kulbhushan Jadhav imprisoned in Pakistan.
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The decision was taken in response to a petition filed by Arktala Bungana seeking information about the “confinement status of Kulbhushan Jadhav, who has been in a Pakistani jail since 2018 facing espionage charges”.
Mr Bungana sought details under the Right to Information Act, 2005 citing his Below Poverty Line (BPL) status to get exemption from fee. However, there was no mention of any relationship between the petitioner and Mr Jadhav.
Dissatisfied with the response of the Chief Public Information Officer (CPIO) and First Appellate Authority (FAA) of HCI, Mr. Bungana approached the Central Information Commission (CIC) for relief.
In an order issued last year, a copy of which is available, the hinduThe CIC upheld the decision of the CPIO and the FAA, who had refused to provide the information, citing Section 8(1)(a) of the Act.
The section exempts disclosure of information that “may adversely affect the sovereignty and integrity of India, the security of the State, strategic, scientific or economic interests, relations with foreign States or may lead to incitement of any offence.”
Sensitive matter
During the hearing of the appeal, an attaché of HCI in Pakistan stated that both the CPIO and the FAA had responded promptly to Mr Bungana’s request. The information sought pertained to a sensitive matter which had significant security and strategic implications, hence its exemption was required under the relevant provisions of the Act.
Also read: Kulbhushan Jadhav case: A timeline
In his judgment, the then Chief Information Commissioner YK Sinha dismissed the appeal, holding that the public authorities had correctly applied the relevant legal provisions in refusing to provide information.
Mr Jadhav was reportedly arrested in the Chaman area of Balochistan, near the Pakistan-Afghanistan border, on March 3, 2016. Pakistani authorities claimed he was a serving Indian defence officer working for India’s external intelligence agency, the Research and Analysis Wing (RAW).
However, the Indian government denied the allegations, saying that Mr Jadhav had taken premature retirement from the Indian Navy and was running his business in the Iranian port city of Chabahar.
On April 10, 2017, a Pakistani military court sentenced Mr Jadhav to death for “espionage and involvement in subversive activities against Pakistan”. India condemned the verdict, calling it a “premeditated murder”.
The International Court of Justice later intervened, staying the execution and directing Pakistan to review the trial and conviction process and grant diplomatic access to India.
Published – September 10, 2024 11:41 am IST