India Battles Pakistan In ICJ, Says Jadhav’s Detention Unlawful

The Hague: Against the backdrop of the Pulwama terror attack, India battled Pakistan in the International Court of Justice (ICJ) by asserting that the trial of Indian national Kulbhushan Jadhav in Pakistan did not meet minimum standards of natural and human rights and urged the court to declare that his detention since 2016 for espionage was “unlawful” and order his release. India also insisted on consular access for Jadhav, a former naval commander awarded death sentence by a Pakistani military court in 2016 in an alleged espionage case, and accused Pakistan of denying him diplomatic access despite 13 reminders.

Appearing on behalf of India, eminent counsel Harish Salve accused Islamabad of committing serious violations of various provisions of the 1963 Vienna Convention and other laws and protocols. Arguing before the court of 16 judges, presided over by ICJ President Abdulqawi Ahmed Yusuf and including India’s former Supreme Court judge Dalveer Singh Bhandari, Salve said Jadhav’s continued custody without consular access should be declared “unlawful” and the court should order his release. “Among other things, considering the trauma he has been subjected to for three years, it is in the interest of justice and making human rights a reality, the court should direct his release,” Salve said, adding Pakistan was using him as a propaganda tool. Salve said the proceedings in Pakistani military courts fall far short of international standards. “In just two years, military courts in Pakistan have been allowed to convict civilians and 161 civilians have been given death sentence in an opaque manner,” Salve added.

A former Solicitor General of India, he was presenting his arguments after India and Pakistan filed memorials and counter-memorials in the case in which the ICJ had in May 2017 stayed Jadhav’s execution. “I consider myself honoured to present India’s case here to save an innocent Indian. The basis on which India is pursuing the case are: First issue relates to construction of the Vienna Convention and consular access was not granted,” Salve said, accusing Pakistan of raising issues that have no relevance to the case. He said the trial by Pakistan failed in following even the minimum standards of natural and human rights. Pakistan asserts Jadhav was arrested but India maintains he was abducted. Jadhav’s continued custody without consular access should be declared unlawful. “Pakistan did not disclose the date of detention as well. No document of Jadhav’s trial was given to India. Despite repeated attempts for immediate consular access, Pakistan has not done that so far,” he said. (IANS)

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