LAHORE - The Indian spy , caught red-handed by the intelligence agencies, can be tried by the military courts, anti-terrorism courts and the courts established under Protection of Pakistan Act, 2014, after his confessional statement that he was involved in creating unrest and sponsoring terrorism to destabilise Pakistan, some senior lawyers said yesterday.
The lawyers said the spy can be tried under Protection of Pakistan Act, 2014, (PoPA) Pakistan Military (amendment) Act, 2015, Suppression of Anti-Terrorism Activities Act, 1997, and Pakistan Penal Code, 1860, after his confessional statement that he was involved in creating unrest and sponsoring terrorism to destabilise Pakistan.
Defence experts believed New Dehli declared Kul Boshan Yadav as a retired officer of Navy because he can face military trial if is proven as a serving officer. Another important point which they made was that when a serving officer crosses the international boundary of another sovereign state for subversion, espionage and other purposes, it is considered as an “act of war”.
On Tuesday, Inter-Services Public Relations (ISPR) Director General Lt-Gen Asim Saleem Bajwa, in a joint press conference with Information Minister Pervaiz Rashid, aired a seven-minute video statement of Indian intelligence operative Kul Boshan Yadav in which he accepted that he was a serving Indian navy officer and working for RAW.
“I was tasked to destabilise Pakistan, create unrest, sponsor terrorism and separatism in Balochistan,” the video clip showed Kul Boshan Yadav confessing his role in terrorism in Pakistan on behalf of India.
Talking to The Nation, former Attorney General of Pakistan and a retired judge of the Lahore High court, Malik Muhammad Qayyum, said Yadav can be tried under sections 121 to 129 of Pakistan Penal Code. He can also be tried under Protection of Pakistan Act, 2014, and, especially under Suppression of Terrorist Activities Act, 1997, said the former judge.
“Any confessional statement given to the police under custody is not admissible; it is only admissible when he confesses to his crime before a magistrate,” said Qayyum. However, he said, a person who creates unrest or sponsors terrorism or is involved in espionage can be tried under different laws, including ATA, PoPA and Pakistan Penal Code, 1860.
Another senior lawyer, Dr Khalid Ranjha, said Yadav could be tried under sedition and espionage charges. He said he can also be tried under Pakistan Army Act, (amendment) 2015, if he is found involved in trapping any serving army officer. “If an army officer testifies that Yadav has tried to trap him, he can also be tried under the Military Act,” said Ranjha.
Lahore High Court Bar Association President Rana Zia Abdur Rehman said a person involved in creating terrorism must be tried under strict laws so that nobody could dare to commit such a crime in future.
Advocate Aftab Bajwa, an expert of criminal laws, said confessional statement of Yadav attracted many sections of Pakistan Penal Code, 1860, especially sections 121 to 129. “Yadav can be tried under Section 124-A of PPC which deals with sedition charges,” said Aftab Bajwa.
Asma Jahangir advocate said the trial of Yadav would be under various laws, especially anti-terrorism laws and Protection of Pakistan Act, 2014. He said the security agencies should have produced him before the public as they had taken him into their custody.