ICJ reserves verdict in Jadhav case

Posted May 16, 2017

As India is fighting its case against Pakistan at International Court of Justice against the death sentence awarded to Kulbhushan Jadhav by a Pakistani military court, a United Nations body slammed the system of military courts in that country.

"We believe India and Pakistan stand to benefit from practical cooperation", a State Department spokesperson told PTI.

Jadhav, the latest flash point in the tensions between Pakistan and India, was sentenced last month.

As the ICJ began hearing Jadhav's case, India argued that human rights treated as "basics" all over had been thrown to the wind by Pakistan.

Pakistan has alleged that Jadhav was an agent of India's external intelligence agency Research and Analysis Wing (RAW).

Salve who is appearing for the famous Kulbhushan Jadhav case against Pakistan for illegally detaining him, with the case pending before ICJ presently, has charged a mere Re.1 for the case. India sought relief from the ICJ including immediate suspension of the sentence of death awarded to Jadhav, and restraining Pakistan from giving effect to the sentence awarded by the military court, and directing it to take steps to annul the decision of the military court. India, in its appeal, has asserted that Mr Jadhav was kidnapped from Iran, where he was doing business after he retired from the Indian Navy.

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Government sources also countered Pakistan's claims in court that India had not clarified on Jadhav's passport, nationality and kept silent for a year since Pakistan sought assistance with the investigations. The ICJ has stayed the execution while the case is heard. "Else, it will be a violation of the Vienna Convention", said Salve. He also said that Pakistan wants access to Jadhav's phone records and bank account details.

He added: "Pakistan has concrete evidence of Jadhav's involvement in subversive activities and he was sentenced in accordance with law".

Islamabad has also not replied to a visa application by Jadhav's parents to Pakistan to visit their son.

Salve is India's lead attorney at the ICJ hearing. On India's assertion that Jadhav was abducted from Iran, Qureshi said that both countries have been involved in a border dispute for a long time and that there were "millions of people to choose from". "On this basis, Pakistan would be content for the Court to list the application of India for hearing within six weeks", he added.

Salve also pointed out before the court that Pakistan had violated the Vienna convention by repeatedly refusing to grant consular access to Jadhav and that not providing him with proper legal representation amounted to "miscarriage of justice" and "violation" of Jadhav's right to defend himself from "concocted" charges in a "farcical trial".

"India's allegation regarding the kidnapping of its spy is not true and he [Jadhav] was arrested by Pakistani forces from Balochistan", he maintained.