Pakistan challenges ICJ jurisdiction over Jyadav's conviction

Geneva Matthews
May 16, 2017

The International Court of Justice (ICJ) on Monday deferred its ruling on India's petition against the death sentence awarded to Kulbhushan Jadhav, a former Indian Naval officer, by a Pakistani military court.

Jadhav, the latest flashpoint in the tensions between Pakistan and India, was sentenced to death last month.

Earlier, India appealed the court to ensure Jadhav is not executed during the ICJ trial.

New Delhi has called for immediate suspension of Jadhav's death sentence and accused Pakistan of violating the Vienna convention by denying its 16 requests for consular access.

The ICJ had stayed his execution last week.

Salve was India's lead attorney at the ICJ hearing the case of Indian national Jadhav.

India has further claimed that Jadhav was kidnapped from Iran where he was involved in a business undertaking.

Government sources also countered Pakistan's claims in court that India had not clarified on Jadhav's passport, nationality and kept silent for a year since Pakistan sought assistance with the investigations.

Dr Muhammad Faisal told the court that under Vienna Convention the ICJ could not take up this case.

Qureshi said that Jadhav "is a terrorist" and "India invoked the jurisdiction of this court improperly". He said India "cannot be hostage" to demands by Pakistan for joining the investigation without even granting consular access.

The court's president already has written to Pakistan, urging it to take no action that could affect the hearing of the Indian request to prevent the death sentence.

Ambassador Moazzam Ahmad Khan, Director General (South Asia and Saarc) Dr Muhammad Faisal and counsellor Syed Faraz Hussain were present at the Peace Palace as members of Pakistan's legal team. "Pakistan has awarded death sentence to Jadhav without any evidence of him being involved in terror activities", Union Minister P.P. Choudhary told ANI.

Islamabad has also not replied to a visa application by Jadhav's parents to Pakistan to visit their son. "On this basis, Pakistan would be content for the Court to list the application of India for hearing within six weeks", he added. We submit that India's silence is telling.

Faisal also showed the court a picture of a passport which he said was found in Jadhav's possession bearing a completely different "and Muslim" name.

Salve said, "The execution of the death sentence can not be done while this court is hearing the appeal".

The facts presented by India establish the violation of all principles of United Nations charter and Vienna Convention because of the nature of the trial which destroyed any credibility or sanctity of the army court's decision sentencing him to death, he said.

"India's allegation regarding the kidnapping of its spy is not true and he [Jadhav] was arrested by Pakistani forces from Balochistan", he maintained.

Other reports by VideoGamingPros

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