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Kulbhushan Jadhav: India counters Pakistan’s conspiracy in the ICJ

Kulbhushan Jadhav

India has dragged Pakistan to International Court of Justice  over Kulbhushan Jadhav’s case after Islamabad two star military court framed concocted charges and executed 18 Indians since April 10.Pakistan is deliberately executing Indians in the military courts where there is no scope for any arguments even in military courts and the charges are mostly fabricated  and concocted which are outside the jurisdiction of civil courts. Pakistan is thus engaged in spreading a message that Indian government is involved in promoting spying and terrorist activities to the detriment of Pakistan’s national security.

AS both India  and Pakistan exchanged their heated arguments at the International Court of Justice  at an open hearing  at the Hague in Netherlands over Kulbhushan Jadhav’s case, there are fears that Indian national Jadhav will be executed by Pakistan before  a verdict of the ICJ.

Pakistan  raised the confession statement of Jadhav as a base of its argument  and accused India of using the ICJ for its political theatrics .India termed that the confession of Jadhav was forcibly taken by the military while in captivity and was tried by a military court in Pakistan.

India has accused Pakistan of not following diplomatic norms and dragged Pakistan to ICJ on May 8 for violating the Vienna Convention  by  refusing  New Delhi’s 16 requests of consular access to Jadhav and denying him the right to defend himself.  Arguing before the 11-judge bench at the ICJ, which included former Supreme court Judge Dalveer Bhandari,India’s counsel Harish Salve stressed that not granting consular access and not giving legal representation of Jadhav’s choosing amounted to “miscarriage of justice” and “violation  of his right”  to defend himself from concocted charges in a “farcial trial”. On April 10,Jadhav,a former Indian Navy officer ,was given the death sentence by a military court in Pakistan  for alleged “espionage and subversive activities”.

To which Pakistan stated that the Vienna convention provisions  did not apply to a spy involved in terror activities. Also the International Court of Justice (ICJ) denied permission to Pakistan to play a  six-minute “confessional” video of Jadhav  which India terms as a statement taken forcible in captivity.

India demanded immediate suspension of Jhadav’s death sentence  but Pakistan presented the Kulbhushan Jadhav case as a matter of national security and ICJ’s decision would not apply to “matters related to the national security of Pakistan. Pakistan appears to be in a hurry  to execute Kulbhushan Jadhav and the charges levelled by the military court  includes spying for India, working against Pakistan’s integrity, sponsoring terrorism in the country and attempting to destabilize the state.

The UN committee against torture, in its findings last week, has expressed concerns over Pakistan government “authorizing military courts to try civilians for terrorism related offences.” Meanwhile, the US has urged India and Pakistan to engage in direct dialogue to reduce tension over the death penalty given to Jadhav, “We believe  India  and Pakistan tend to benefit from practical cooperation”.

India has thus timely acted in the International Court of Justice as Pakistan is working on a conspiracy by arresting Indians from neighbouring countries like Iran to build their stance in the international forums that India is involved in destabilizing Pakistan.

arti bali

By : Arti Bali

Senior Journalist

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