Media Center

Transcript of Weekly Media Briefing by Official Spokesperson (July 18, 2019)

July 21, 2019

Official Spokesperson, Shri Raveesh Kumar: Friends good afternoon and welcome to this weekly press briefing. I have a brief announcement to make on the visit of the External Affairs Minister to Brazil.

External Affairs Minister would be visiting Brazil from July 25th to 26th 2019 to participate in the stand alone meeting of the BRICS Foreign Ministers. Last month BRICS leaders had a successful Informal Summit on the sidelines of the G20 Summit in Osaka. This would be EAM’s first engagement with the BRICS Foreign Ministers since assuming office. EAM during his visit is expected to discuss among other issues the preparations for 11th BRICS Summit of the leaders to be held in Brasilia in November 2019.

We have put out a press release on this on our website, you can take a look for more details on the visit. I now move to the Q&A round.

Question: My question is on Kulbhushan verdict, if Pakistan does not implements what the court has said what are the options in front of New Delhi?

Official Spokesperson, Shri Raveesh Kumar: I will take all the questions on this topic. A request that I will not answer speculative questions. You may ask me speculative questions but I may not be able to answer them.

Question: We saw the statement of the External Affairs Minister inside the parliament but now have you applied for a consular access, any details on that? And secondly, you saw the tweets and the remarks of the Foreign Minister of Pakistan and the Prime Minister, they say law will take its own course there in Pakistan. How do you interpret this?

Question: Apart from the way forward as far as the consular access is concerned, do we have to put in a fresh request for that or does the ICJ verdict mean immediately that they need to provide it themselves and secondly, with a possible consular request, will India also urge Pakistan to hear the case in a civilian court, will that be a request as well?

Question: If Pakistan doesn’t agree do we have option to move to Security Council for sanctions?

Question: Is Pakistan bound to follow what the ICJ has said and if it doesn’t what happens, what are the options?

Question: In the judgement ICJ has not given any timeline when Pakistan should move on the issue of effective review and reconsideration of the case, so will you go to ICJ for setting a time line for Pakistan?

Official Spokesperson, Shri Raveesh Kumar: Any other question on Kulbhushan Jadhav verdict? No. You see there are several aspects to the verdict. In all the questions there are certain overlaps, let me try to answer them one by one.

First, I would like to underline that we have welcomed the judgment. Prime Minister has tweeted and he has also welcomed the verdict. EAM made a statement on the floor of both houses in parliament. Our lead counsel of the case, Mr. Harish Salve, he did a press briefing yesterday where he took all the questions as well.

The judgement is a complete vindication and validation of India’s position in this case. Now if you look at the press release which has been issued then I would go into the questions. If you look at the press release which has been issued by the International Court of Justice, the headline is very clear. It says that "Pakistan has acted in breach of obligations incumbent on it under article 36 of the Vienna Convention on Consular Relations.”

There are eight points in the press release and I think I should highlight because many of the questions would be answered through those points and on all eight points the verdict has gone in favor of India. One has been unanimous on the matter of jurisdiction, on the other it has been a majority verdict, 15:1, with lone dissenting voice coming from the ad hoc Pakistan judge.

First, on the matter of jurisdiction ICJ has unanimously declared that it has jurisdiction in the case.

Second, on the admissibility, again ICJ has rejected Pakistan’s claim and has found that the application is admissible.

Then there are three points related to the breach of Vienna Convention and on all three accounts Pakistan has been found to have breached the convention and I am sure if you have gone through the press release you are aware about the three points. That makes it five.

On the sixth point, the court directs Pakistan to act in accordance with the Vienna Convention and inform Mr. Jadhav, without further delay of his rights and provide Indian consular officers access to him.

On the seventh point, Pakistan has been asked to provide effective review and reconsideration of the conviction and sentence of Mr. Jadhav so as to ensure that full weight is given to the effect of the violation of rights.

And the last point, it puts a continued stay on the execution of Mr. Jadhav as it constitutes an indispensable condition for the effective review and reconsideration.

Before I go into some of the other points, I would like to comment on claims in Pakistan, I think there was a question on what they have said that they have won. Frankly it seems to me that they are reading from a completely different verdict. The main verdict is in 42 pages, if there is no patience to go through the 42 pages I think they should go through the seven page press release where each and every point has been ruled in favor of India, I don’t think there is any confusion on that account. I think they have their own compulsions as to why they have to lie to their own people.

On whether Pakistan will implement the judgement of the court, I think somebody asked, the first paragraph of the press release issued by the International Court of Justice very clearly says that the judgement is final, binding and without appeal. The court has observed that Pakistan is under obligation to inform Mr. Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with the Vienna Conventions, this is something which I had said earlier.

Whether India will get immediate consular access, Pakistan is under obligation by the ICJ verdict, to inform Mr. Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with the Vienna Convention and yesterday we said that we expect Pakistan to implement the directive immediately without any further delay. There is nothing else which is required, the request for consular access has been pending for a long time, now it is incumbent on them to follow the verdict of the International Court of Justice and grant consular access to Indian consular officers and also inform Mr. Jadhav about the grounds of his arrest.

On, will the trial take place before the civilian court, the court in its verdict has noted that Pakistan should take all measures to provide for effective review and reconsideration of the conviction and sentence of Mr. Jadhav and they have added that this should include enacting appropriate legislations. So I think this basically clarifies all the points which you had on the verdict and now we can move on to the other questions.

Question: ………… Inaudible………….

Official Spokesperson, Shri Raveesh Kumar: No, as I said I will not answer any speculative questions, what if, you see as I mentioned Pakistan is obliged to act on the directive of the International Court of Justice and International Court of Justice, if you have seen this press release, it is the principal judicial organ of the United Nations and the verdict is binding upon them and I think now it is time for them to act.

Question: Whether you have placed a fresh request for the consular access following the judgement, you didn’t answer that.

Official Spokesperson, Shri Raveesh Kumar: No, I answered that, I said there is nothing new to be done now. Pakistan has been asked and they have to now deliver immediately. We said that yesterday that they have to act and deliver as per the Vienna Convention what is required to Mr. Jadhav and also access to our consular officers to go and meet Mr. Jadhav.

Question: One question on Hafiz Saeed, we saw yesterday that he was picked up while he was driving from Lahore to Gujaranwala and he has been put to seven days of custody. How do you react to this because this has happened at least five to six times before in the last ten years? And secondly, on that interesting tweet of Donald Trump, how do you see that? He said that there were massive search operation underway, ten years and it is such a huge victory to finally discover him two days before Imran Khan’s visit.

Question: Hafiz Saeed ki giraftaari par bhi Bharat mein kaii pratikriyaaein aain, jinmein se mahatvapoorn thaa kii Pakistan Bharat ke under pressure ye kadam uthaa rahaa hai lekin chunki Hafiz Saeed mastermind hai Mumbai Blasts ka us case mein uskii koii giraftaari nahii huii hai, terror funding ke case mein uskii giraftaari huii hai to hum kaise isko relate karein aur hum kaise ise maanein ki Bharat ke pressure mein Pakistan is tarah ke kadam uthaa rahaa hai?

(There were many reactions from India after the arrest of Hafiz Saeed in which the important one said Pakistan has taken this step under pressure from India but the arrest of Hafiz Saeed has not been made for the case of Mumbai terror blasts in which he was the mastermind. So how do we relate this and accept that the arrest was made under Indian pressure?)

Official Spokesperson, Shri Raveesh Kumar: We have seen reports of the arrest of Hafiz Saeed by Pakistani authorities. India has long maintained that United Nations Security Council (UNSC 1267) provisions pertaining to listing and proscription of known terrorist entities and individuals must be effectively and sincerely enforced by all member states.

Now, all of you know that this has been going on for a long time, we have seen arrest – release, arrest – release after every major terrorist incident which he perpetrates in India, I think he is arrested and he has been then released on some grounds or other and this drama, to my count, I think it has been more than eight times since 2001. We have seen this drill.

The question is whether this time this will be more than a cosmetic exercise. Whether Hafiz Saeed will be tried and sentenced for his terrorist activities. We reiterate that Hafiz Saeed is a designated terrorist, we all know that he is the mastermind of the Mumbai Terror Attacks and is listed by the United Nations Sanctions Committee under the UNSC Resolution 1267.

Effective action mandated internationally against Hafiz Saeed and his terrorist organization is an obligation on part of all UN states including Pakistan. He also carries a reward of $10 million under US law.

Hafiz Saeed and his front organization LeT and JuD recruit and train hundreds and thousands of persons and motivate and indoctrinate them on a violent agenda against India. The FATF has drawn attention to the clear evidence that the organization supported by Hafiz Saeed continue to be involved in supporting and financing terrorist activities.

Pakistan’s sincerity to take action against terrorist and terror groups will be judged on the basis of their ability to demonstrate verifiable, credible and irreversible action against terrorists and to disrupt and dismantle terror groups operating from their soil. We hope that this time Hafiz Saeed will be brought to justice.

On the tweet by President Trump, I think you have to see in the context of the cooperation of which India and US have enjoyed on counter terrorism. If you look at the last joint statement which was agreed to during the visit of Prime Minister to the United States, there are some very strong paragraphs. For example, one paragraph says, the leaders called on Pakistan to ensure that its territory is not used to launch terrorist attacks on another country. They further called on Pakistan to expeditiously bring to justice the perpetrators of the 26/11 Mumbai, Pathankot and other cross-border terrorist attacks perpetrated by Pakistan based groups.

There is a preceding paragraph which actually mentions our commitment to fight terror threats emanating from groups like al-Qaeda, ISIS, Jaish-e-Mohammad, LeT, D Company and their affiliates. So I think this cooperation and this tweet has to be seen in the context of global cooperation, a kind of global coming together in the fight against terrorism and India and US have been working very closely on this. Our agencies are working very closely to counter terrorism and we are also in regular touch with the US side on this matter.

Dekhiye humne ye report dekhi hai jismein Hafiz Saeed arrest hue hain aur hamaaraa ye maananaa hai ki jo UNSC ka provision hai 1267, uske khilaaf jitne bhii terrorist entities hain aur individuals hain unke khilaaf jo member states hain unko action lena chaahiye. Ye pahli baar nahii hai ki Hafiz Saeed arrest hue hain, iske pahle kaafi baar wo arrest ho chuke hain aur hum ye dekhate aaye hain ki jab bhii vo arrest hote hain kuch mahinon baad, kabhi kuch dinon baad wo rihaa ho jaate hain kisi ground pe.

Sawaal ye hai ki is baar jo unki giraftaari huii hai, is baar Pakistan kitnaa serious hai. Is baar wo unko try karke court ke dwaraa sentence karegaa ki nahii karegaa. Pakistan is par kitani sincerity dikhaataa hai, ye bahut jaroori hai is baar dekhanaa.

Jahaan tak Hafiz Saeed ka sawaal hai aapko pataa hai ki uskaa front organization Lashkar-e-Taiba, JuD hai aur ye hazarron kii sankhyaan mein logon ko train karte hain ki Bharat mein jaakar aap dahashatgardi failaayein. Is baare mein FATF mein jo mention hai, unhone bhi iskaa zikra kiyaa hai ki inkii jo organization hai kaise wo terrorist activities ko support karti hai.

Hamaari maang rahii hai ki jo Pakistan ka action hai wo verifiable ho, irreversible ho aur credible ho jisko hum dekh sakein aur jab wo aisa action lenge to hamein pataa chal jaayegaa. Abhi tak hamein nahi lag rahaa hai kii jo bhi action lete hain usmein koi sincerity hai, iske peechhe kuch aur kaaran hain. Kabhi kabhi international community ko bataanaa ho jaataa hai ki hum is maamle mein kaaryawaahi kar rahe hain par mujhe lagta hai ki dikhaawati kaaryawaahi karna ab kaafi nahii hai.

Question: ICJ ka jo verdict aaya hai uspar ek chhota sa sawaal hai. Kya koi timeline hai uski hoti hai ki Pakistan itne din mein bound hai faisale ke baad action lene ke liye.

(A small question on the verdict by the ICJ. Is there any timeline within which Pakistan is bound to take action after the verdict?)

Official Spokesperson, Shri Raveesh Kumar: Verdict aapke paas hai, 42 panno waalaa bhi hai aur 8 page wala press release bhi hai. Usmein zikra hai immediate kaa, to immediate ka matlab turant hotaa hai. Ab Pakistan ko turant action lenaa chaahiye us par, hum intezaar kar rahe hain.

(You have the verdict with you, both the 42 pages one and the press release of 8 pages. That verdict mentions "immediate” which means right now. Now Pakistan should take immediate action, we are waiting.)

Question: Given that India seems to be left out in the last round of Taliban talks over Afghanistan, how concerned are you about India’s role in those peace talks in Afghanistan? Is India going to play a role?

Official Spokesperson, Shri Raveesh Kumar: As a close neighbor and an important stakeholder we have stakes, we are closely monitoring the developments in Afghanistan. We are closely following the peace and reconciliation efforts.

I have mentioned earlier as well that we are in touch with all the major stakeholders. We are regularly briefed by the US special envoy Mr. Khalilzad on the talks. We are also in regular consultation with other partners Russia, Afghanistan, Iran, China and Saudi Arabia on this issue. Tomorrow we have some discussion on this matter with the Special Envoy of Germany who is visiting and who is also responsible for intra-Afghan dialogue. So you see we are in touch with all the parties concerned. We have certain views, we believe that all initiatives and processes must be or must include all sections of the Afghan society including the legitimately elected government, this is number one.

Number two, any process should respect the constitutional legacy and political mandate. Number three, it should not lead to any ungoverned spaces where terrorists and their proxies can relocated. We have supported National Peace and Reconciliation process which is Afghan led, Afghan owned and Afghan controlled.

This has been communicated and all the other three points which I mentioned has been communicated to our partners who we are in touch with. And we are quite confident that our points of view on the process will be included as and when there is a forward movement in Afghanistan.

Question: There are also efforts to postpone the Presidential Elections. So how India views the development?

Official Spokesperson, Shri Raveesh Kumar:
I think it is for the government of Afghanistan to decide on the dates of the next Presidential Elections. As I mentioned that we believe that all initiatives and processes must include views from all sections of Afghan society including the legitimately elected government.

Question: Bihar mein baadh kii jo stithi hai uske liye Nepal ko sabse jyadaa doshii maanaa jaataa hai. To kya Bharat Sarkar iske liye kuch baatcheet kar rahi hai kya?

(It is believed Nepal is the biggest culprit of the current flood situation in Bihar. Is Indian government having any discussion in this regard?)

Official Spokesperson, Shri Raveesh Kumar: Dekhiye Bharat aur Nepal ke beech jo abhi mechanism hai flooding aur inundation ka, wo kaafi strong hai, kaafi robust hai, abhi hum logo ka jo existing mechanism hai.

Monsoon ke mausam mein, abhi jo hamaaraa mausam hai, is samay Bharat aur Nepal ke beech real time coordination hota hai ki agar aisaa kuch ho jaaye to kaise ek doosare kii madad karni hai. Ye kaafi dino se chalaa aa rahaa hai aur iskaa makasad ye hai ki aisii koii aapadaa kii stithi nahii aaye, aisaa koi emergency nahii aaye aur uska objective ye hai ki dono deshon mein, jo Nepal mein log hain aur jo Bihar mein log hain, kisi ko bhii is aapadaa se pareshaani naa uthaani pade. Isii silsile mein dono desh ek saath kaam karte hain, monsoon ke samay mein real time coordination hotaa hai aur koshish kii jaati hai ki jo baadh se stithi utpann ho usase jaan-maal kaa nuksaan na ho.

(The existing mechanism that India and Nepal have with regard to flooding and inundation is quite strong and robust.

During the current season which is the monsoon, we have real time coordination between India and Nepal that if something untoward happens then how do we help each other. This has been ongoing for quite some time and the reason for this is that our residents in Bihar and Nepal should not face any emergency like situation. In this regard both the countries have real time coordination during the monsoon season and it is tried that we do not have any loss of property or lives due to flooding.)

Question: The dates for the Vijay Mallya hearing appeared to be early next year, it is long way off, 200 days. Is there anything that can be done?

Official Spokesperson, Shri Raveesh Kumar: No, we can’t do anything, it is a judicial process. I mean it is for the court to decide the dates for the next hearing. They will consult the parties and I think then the dates will be decided.

I can only assure you about our commitment and our commitment is very strong that we will continue to put all efforts together to extradite him back to India.

Question: Arrest of 4 people on some Iranian tanker in the Gibraltar area. So what happens to their fate now, like do we have any access to them.

Official Spokesperson, Shri Raveesh Kumar: I understand there was a news report that they have all been provided consular access and I think my sense is that the due process of law will continue but the most important thing as far as we are concerned is that we should have access to them, which we have already established.

Thank you very much. Thank you all for joining.

(Concludes)

Write a Comment Write a Comment
Comments

Post A Comment

  • Name *
    E-mail *
  • Write Your Comment *
  • Verification Code * Verification Code