Okay, now we are making some progress. You can understand that we will try to optimize his capture.
Indian RAW agent Kulbhushan Yadav has been awarded death sentence for carrying out espionage and sabotage activities against Pakistan. Director General of ISPR Major General Asif Ghafoor said the spy was tried through field general court martial under Pakistan Army Act 1952 and Section 3 of official Secret Act of 1923.He said Chief of Army Staff General Qamar Javed Bajwa confirmed his death sentence. FGCM found Kulbhushan Sudhir Yadav guilty of all the charges. He confessed before a Magistrate and the Court that he was tasked by RAW to plan, coordinate and organize espionage and sabotage activities aiming to destabilize and wage war against Pakistan in Balochistan and Karachi. The accused was provided with defending officer as per legal provisions. Kulbhushan alias Hussein Mubarak Patel was arrested on March 3 last year in a Counter Intelligence Operation from Mashkel, Balochistan.
According to Pakistan Secret Act 1923:
3. Penalties for spying. (1) If any person for any purpose prejudicial to the safety or interests of the State- (a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place; or (b) makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to any enemy; or (c) obtains, collects, records or publishes or communicates to any other person any secret official code or pass word, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; ------------------------------------ 5 Subs. by the official Secrets (Amdt) Act, 1966 (8 or 1966), s. 2 for semicolon. 6 Provisions. ibid. 7 The words or by any L.G. omitted by A.O., 1937. he shall be 1{guilty of an offence under this section.} -------------------------- (2) On a prosecution for an offence punishable under this section with imprisonment for a term which may extend to fourteen years, it shall not be necessary to show that the accuse person was guilty of any particular act tending to State, and notwithstanding that no such act is proved against him, he may be convicted, if from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interest of the State; and if any sketch, plan, model, article, note, document, or relating to any thing in such a place, or any secret officials code or pass word is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his purchase prejudicial to the safety or interests of the State, such shall be presumed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interest of the State. 2 {(3)} A person guilty of an offence under this section shall be punishable,- (a) where the offence committed is intended or calculated to be, directly or indirectly, in the interest or for the benefit of a foreign power, or is in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine-field, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affaires of Pakistan or in relation to any secret official code, 3 {with} ----------------------------------- 1 Subs. by the Official Secrets (Amdt.) Act, 1966, 98 or 1966), s. 3, for certain words which were previously amended by A.O., 1961, Art, 2. 2 Sub-section 93), added by Act 8 of 1966 s. 3. 3 Ins. by Act No. VIII of 1968, s. 2. 658 MEDIA AND THE MASS COMMUNICATION LAWS OF PAKISTAN death or} with imprisonment for a term which may extend to fourteen years; .......
He can be sentenced to death for Spying.
Now, if he is a spy, his punishment of death is reasonable in the light of Pakistan laws. Now, the best case will be that India accepts he was a spy and ask for a lenient sentence. India can deny his sabotage charges...
