ICJ snubs Pakistan\, refuses to defer Kulbhushan Jadhav\'s case



ICJ snubs Pakistan, refuses to defer Kulbhushan Jadhav's case

Kulbhushan Jadhav

Kulbhushan Jadhav

The International Court of Justice (ICJ), hearing India's plea to release Indian national Kulbhushan Jadhav on death row in Pakistan jail, snubbed Pakistan's plea for its request to replace its ad-hoc judge in the world court at the Hague.

At the end of second day's hearing, Pakistani Attorney General Anwar Mansoor Khan requested to adjourn the hearing of Kulbhushan Jadhav till a new judge from his country is appointed to replace Tassaduq Hussain Jillani – the present ad-hoc judge from Pakistan at the ICJ. He reportedly had suffered "cardiac arrest" during the hearing on Monday.

The ICJ President Abdulqawi Ahmed Yusuf rejected Pakistan's plea and asked it to continue argument in the absence of the ad-hoc judge. "I would like to ask you to read your statement if your statement is ready. We are ready to hear you and hear your side," the ICJ President told the Pakistani Attorney General.

A day after the India had argued that Jadhav was sentenced to death by a military court in an "opaque" trial and demanded his forthwith release, Pakistani Attorney General made a series of bizarre allegations against Jadhav.

Khan alleged that Jadhav was sent to Pakistan to "assist, plan and cause" terrorism in Balochistan, Sindh and other parts of the country, apart from "hampering" China-Pakistan Economic Corridor.

Interestingly, the Pakistani Attorney General quoted articles written by Karan Thapar, Praveen Swami and Chandan Nandy to bring home his point that Jadhav was an "Ïndian spy" and was "involved" on an "espionage mission" in Pakistan.

The hearing in the Jadhav case opened on Monday amidst heightened tensions between India and Pakistan in the wake of Pulwama terror attacks.

The hearing will go on for another two days.

On Monday, India had highlighted that Jadhav was being used as a "pawn" by Pakistan to build a narrative against New Delhi. While arguing the case on behalf of India, former Indian Solicitor General Harish Salve urged the ICJ to annul Jadhav's death sentence as the verdict by a Pakistani military court was based on a "farcical case".

Emphasising that Pakistan has clearly "violated" the Vienna Convention, Salve told the world court that as many as 13 requests by India for consular access had been denied by Pakistan.

The Pakistani Attorney, in his counter said that the creation of military courts was through the Parliamentary process. On Wednesday, India will rebut to Pakistan's charges.

Jadhav, 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. India moved the ICJ in May 2017 for the "egregious violation" of the provisions of the Vienna Convention by Pakistan for denying New Delhi consular access to the 48-year-old Indian national.

Hazy Allegations

  • Pakistani A-G quoted articles written by Karan Thapar, Praveen Swami and  Chandan Nandy to prove that Kulbhushan Jadhav was an ‘Indian spy’
  • A-G Anwar Mansoor Khan argued that Jadhav was “involved” on an “espionage mission” in Pakistan
  • India argued that Jadhav was sentenced by a military court in an ‘opaque’ trial