India & Pakistan fight bitter legal war over Jadhav at ICJ

Delhi’s spirited presentation floors Islamabad

India and Pakistan fought a bitter legal battle before the International Court of Justice (ICJ) at The Hague on Monday with New Delhi telling the global outfit that immediate steps must be taken to stop Pakistan from carrying out the death sentence of former Indian naval officer Kulbhushan Jadhav.

Noted lawyer Harish Salve, representing India, told the court that India couldn’t arrange for defence aide to Jadhav due to the denial of consular access by Pakistan. He told the 16-member ICJ judges panel that India made innumerable requests for consular access but Pakistan refused to provide documents relating to the case and consular access to him. “Jadhav was framed on confessional statements extracted from him when he was in Pakistan's military custody,” Salve told the ICJ judges.

Demanding provisional measures to stay Jadhav’s execution, Harish Salve gave instances as to when the International Court of Justice ordered provisional relief to death row convicts pending trial in the ICJ.

Refuting the allegations levelled on Jadhav by Pakistan, Salve argued that India’s case is that throughout his incarceration, Jadhav was denied consular access. Salve told the court that Jadhav’s tape was doctored.

Asserting that India relies on the Vienna Convention, Salve argued that the Vienna Convention doesn’t provide any exception as to providing consular access. Salve citing Nicaragua, Germany and Mexico’s examples said that India seeks annulment of death sentence announced by Pakistan’s military court for Jadhav. “Pakistan’s conduct violates the Vienna Convention,” Salve told the court.

Salve also raised doubts over Pakistan military court’s impartiality, saying that Jadhav’s appeal was heard by a military court, presided over by a two-star general, whereas his death sentence was confirmed by a four-star general.

Pakistan, which began its submission in response to India's presentation earlier in the day, said India was using the court as the “scene of political theatre”.

Rebutting India's case before the ICJ, Counsel Khawar Qureshi asserted that this forum is not a criminal court of appeal nor does it exercise criminal jurisdiction.

“India's plea for invoking provisions of Article 36 of the Vienna Convention is not relevant in this case. The Vienna Convention was adopted for better communication between friendly countries. But it cannot apply in this case of a spy set up by a state,” Qureshi said in his 45minute reply.

At the end of the Pakistani argument, ICJ President Ronny Abraham announced that the court would give its verdict in the case “as soon as possible”.