ICJ denies Pak request to play Jadhav's 'confessional' video

Marsha Scott
May 16, 2017

In an engaging duel at the International Court of Justice (ICJ) on Monday that saw both countries go hammer and tongs at each other, Pakistan raked up the alleged passport of former Indian naval officer Kulbhushan Jadhav to argue that India had deliberately given him a passport with a "Muslim name (Hussein Mubarak Patel)" to facilitate covert and illegal terror operations in Balochistan, adding that the Vienna Convention provisions on consular access were not intended for a "spy" involved in terror activities.

India has seen it fit to use the International Court of Justice as a stage for "political theatre" but "we will not respond in kind", Mohammad Faisal of the Pakistan Foreign Office said in his opening remarks in response to India's submissions earlier in the day.

India is seeking the suspension of the death sentence handed to Jadhav by a Field General Court Martial (FGCM) in April this year.

In an emergency hearing called only days after India lodged its case, lawyers and officials for New Delhi urged the ICJ to halt the death sentence imposed on Yadav saying his rights had been violated by Islamabad.

The urgent hearing comes after the ICJ last week stayed Jadhav's execution.

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. He also emphasised that Jadhav was a serving officer in the Indian Navy and not a retired one.

Qureshi said that Jadhav "is a terrorist" and "India invoked the jurisdiction of this court improperly".

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"It is clear from the Vienna Convention that the provision being sought under Article 36 by India can not be entertained by this court", Qureshi said in his 45-minute reply to arguments put forth by Indian counsel Harish Salve earlier. Dr Faisal said spies do not have rights of counsellor access and India did not produce evidence against Jadhav in the court. Mr Jadhav, arrested in March previous year, has been sentenced to death by a Pakistani military court on charges of espionage and subversive activities.

Mittal insisted Pakistan has failed to respond to all Indian demands for information about the case, snubbing requests for documents including the charge sheet, and has failed to provide Jadav with consular access.

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

India's representative at the ICJ hearing, Deepak Mittal, described the charges against Jadhav as "concocted" and his trial as "farcical". We have a long border with India where millions of people reside. "As far as the cover page of the passport is concerned, India sought consular access to the detained citizen to ascertain facts", sources said.

United Nations committee against Torture raised concerns over military court systems in Pakistan.

Pakistan claimed that Jadhav has confessed to his crimes.

Other reports by MaliBehiribAe

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