The Hague: Pakistan asked Thursday the International Court of Justice (ICJ) to ‘dismiss or declare inadmissible’ India’s claim for relief to Kulbhushan Jadhav, who is on a death row in the country.
Jadhav, 48, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of ‘espionage and terrorism’ after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.
India questioned Wednesday the functioning of Pakistan’s notorious military courts and urged the top UN court to annul Jadhav’s death sentence, which is based on an ‘extracted confession’.
Making the final submission in the ICJ on the last day of the hearing, Pakistan’s counsel Khawar Qureshi said, “India’s claim for relief must be dismissed or declared inadmissible. It remains as far-fetched now as it was then (May 8, 2017).
Closing the arguments, Pakistan’s Attorney General Anwar Mansoor Khan said, “India seeks relief which they cannot claim from this court.”
Khan also assured the court that the process of judicial review in Pakistan was robust and Jadhav can avail it if he chooses.
“Jadhav has been charged with terrorism for which an FIR has been registered with the police that is a civilian agency. The military courts have sufficient proof of espionage and the said military court on the available evidence and the judicial confession proceeded to convict him. Despite he being given the option of going for a judicial review, he has refused to do so,” Khan told the ICJ.
Khan also raked up the Kashmir issue and said Pakistan was awaiting India’s response on the ‘Samjhauta’ train blast case and has sought evidence on his country’s role in the Pulwama terror attack.
After his submission, ICJ top judge Abdulqawi Ahmed Yusuf adjourned the hearing and said a date for the judgement would be announced later.
Earlier, Harish Salve, who is representing India in the case, had said Wednesday that the time has come for the ICJ to make Article 36 a potent weapon for protecting human rights.
India moved the ICJ in May 2017 for the ‘egregious violation’ of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
PTI