Jadhav trial in Pak unlawful, India tells ICJ
NEWDELHI: India on Monday made a case at the International Court of Justice (ICJ) for the release of Kulbhushan Jadhav, a former naval officer sentenced to death by a Pakistani military court, assailing Pakistan for convicting him in “farcical” proceedings that violated his rights under the Vienna Convention.
Representing India at the ICJ at The Hague, senior advocate Harish Salve argued Jadhav’s conviction in a secret trial must be set aside as Pakistan never made the charges or the judgment public, nor granted consular access to Jadhav in line with the Vienna Convention on Consular Relations.
Jadhav, 48, was sentenced to death by a Pakistani military court in April 2017 after being charged with alleged involvement in espionage and subversive activities. Pakistani officials said he was arrested in Balochistan in March 2016. India denied these charges and accused Pakistani operatives of kidnapping Jadhav from the Iranian port of Chabahar, where he was running a business.
The final hearing of Jadhav’s case at the United Nations’ highest court is being held against the backdrop of rising tensions between India and Pakistan over the suicide attack in Pulwama on February 14 in which 40 troopers were killed.
After Pakistan-based Jaish-emohammed claimed it was behind the attack, New Delhi demanded that Islamabad crack down on all terror groups operating from its soil.
The tensions were reflected in the Indian team’s refusal to shake hands with the Pakistani delegation at the start of proceedings.
As the Pakistani officials extended their hands, they were greeted with a namaste from the Indian side. The hearing follows India’s petition which said Pakistan deliberately denied numerous requests for consular access to Jadhav despite being under an international obligation to do so. This amounted to a violation of the Vienna Convention, Salve argued.
The ICJ stayed Jadhav’s execution in a unanimous order in May 2017, and India and Pakistan submitted several “memorials” or written pleadings last year.