Jadhav, a former officer in the Indian Navy, is now on death row in Pakistan on charges of espionage and subversive activities.
External Affairs Minister Sushma Swaraj, earlier on Monday, castigated Pakistani Prime Minister Nawaz Sharif's advisor on Foreign Affairs Sartaj Aziz for not entertaining the request for visa to the mother of former naval officer Jadhav, who has been sentenced to death by a Pakistani military court for alleged espionage. "All evidence and case proceedings against him (Jadhav) are being examined by the army chief, and he will take a decision on the basis of merit and justice". The statement said that Jadhav, 46, had filed the petition after the Military Appellate Court rejected his appeal. "COAS is looking each aspect of Kulbhushan Jadhav's appeal and will decide on merits", Pakistan army said.
"They (pakistan) can not execute Jadhav as of now, because they made a promise before the ICJ that as long as the proceedings are continuing, they can not execute". India, on the other hand, had said Jadhav was an Indian national who was captured by Pakistani army. India has accused Pakistan of repeatedly violating the Vienna Convention. If Jadhav's appeal for clemency is rejected by General Bajwa, he can then file another mercy petition with President Mamnoon Hussain within 90 days of the Army Chief deciding on his appeal.
Earlier, the Ministry of External Affairs had said that there has been no change in Pakistan's position on providing consular access to Kulbhushan Jadhav and visa for his mother. Later on, The International Court of Justice in The Hague in May halted his execution on India's appeal.
A leading Pakistani daily has voiced its support in favour of alleged Indian spy Kulbhushan Jadhav's mother, saying that she should be granted Visa to visit Pakistan on 'humanitarian grounds'.
According to Pakistan, Jadhav was arrested on March 3 a year ago in Balochistan's Mashkhel area.