Declare Jadhav’s Pak trial unlawful, India asks ICJ
NEWDELHI: India on Monday said the trial of Kulbhushan Jadhav by a Pakistani military court “hopelessly failed” to satisfy even the minimum standards of due process and requested the International Court of Justice to declare it “unlawful”.
India’s plea came as the top UN court began on Monday the four-day public hearing in the case of Jadhav, 48, who was sentenced to death by a Pakistani military court on charges of espionage.
The case comes in the light of relations between the two neighbouring countries being at decades-old low in the wake of an attack on a convoy in Jammu and Kashmir’s Pulwama that killed 40 CRPF soldiers.
It was the worst attack against Indian forces in Kashmir’s history.
India, during the first day of the hearing, based its case on two broad issues — breach of Vienna Convention on consular access and the process of resolution.
“It is an unfortunate case where the life of an innocent Indian is at risk,” ex-solicitor general Harish Salve, who was representing India, said.
“Pakistan’s story is solely
ON THE FIRST DAY OF THE HEARING, INDIA LARGELY BASED ITS CASE ON THE BREACH OF VIENNA CONVENTION ON CONSULAR ACCESS
based on rhetoric and not facts,” he said, adding that Jadhav’s continued custody without consular access should be declared unlawful.
Jadhav’s trial by a Pakistani military court “hopelessly failed to satisfy even the minimum standards of due process,” Salve said.
No “credible evidence” was provided by Pakistan to show his involvement in any act of terrorism and Jadhav’s purported confession clearly appeared to be “coerced”, Salve said.
“There is no manner of doubt that Pakistan was using this as a propaganda tool. Pakistan was bound to grant consular access without delay,” Salve said in the court on Monday.
“Pakistan used confession document as propaganda. Pakistan has disrespected the Vienna Convention.”
He said India had sent 13 reminders to Pakistan for consular access to Jadhav, but Islamabad is yet to accede.