Ruling out that Sarabjit Singh, an Indian accused of spying in Pakistan and whose death sentence was upheld by the Pakistan Supreme Court, was a case of mistaken identity, Pakistan Foreign Minister Khurshid M Kasuri on Tuesday night said the matter has been in court for 15 years but this issue was not raised by his lawyer.

On whether Sarabjit will get clemency and live, Kasuri told NDTV: "Frankly, when an appeal of clemency is made to the President, we would know."

On the contention of Sarabjit's family that it was a case of mistaken identity, he said, "There is obviously no motive when you have a legal battle for over 15 years and he (Sarabjit) had recourse to legal defence.

"An issue like this which has been in the court for 15 years and has been picked up by the media - if it had been something like that, his lawyer would have agitated in the court".

Asked whether Musharraf was apprised of the matter, Kasuri said he would personally bring the case to the notice of the Pakistan president.

Kasuri said the jail superintendent at Kot Lakpat in Lahore [Images], where Sarabjit is lodged, has informed that the convict was in "good health". This news, he said would give solace to the Sarabjit's family.

The minister said he was aware that the family is very, very disturbed about stories about the health of the prisoner.