India asks ICJ: Order Pak to set Jadhav free
‘ Annul Pak court death sentence’
The Hague, Feb. 18: India on Monday urged the International Court of Justice ( ICJ) to annul Kulbhushan Jadhav’s death sentence by a Pakistani military court and order his immediate release, saying the verdict based on a “farcical case” hopelessly fails to satisfy even the minimum standards of due process.
Mr Jadhav, a retired Indian Navy officer, was sentenced to death by the military court on charges of “espionage and terrorism” after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.
India moved the ICJ in May the same year for the “egregious violation” of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to the 48year- old Indian national.
Making the first round of arguments in the fourday public hearing, exsolicitor general Harish Salve, representing India, urged the UN top court to declare the continued custody of Mr Jadhav
without consular access “unlawful”, saying that Pakistan’s “story” was based on rhetoric rather than facts.
“Jadhav’s trial by a Pakistani military court hopelessly failed to satisfy even the minimum standards of due process,” Mr Salve told the 15- judge court.
Mr Salve’s submissions lasted nearly three hours after which the ICJ adjourned the hearing till Tuesday when Pakistan ■
will get the opportunity to present its case.
Noting that military courts in Pakistan are not independent, Mr Salve said that the working of such courts has been censured by the European Parliament.
“Military courts of Pakistan cannot command the confidence of this court and should not be sanctified by a direction to them to review and re- consider the case. India seeks annulment of Jadhav’s conviction, and directions that he be released forthwith,” said Mr Salve. detainee has the
“A foreign right to life, the right to a fair trial and an impartial judiciary. However, Pakistan has sentenced 161 civilians to death in their military courts in opaque proceedings in the last two years,” Mr Salve said.
The trial opened on Monday at the ICJ headquarters here amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan- based Jaish- e-Mohammed group that killed at least 49 CRPF soldiers.