In a major setback to Pakistan in the Kulbhushan Jadhav case, the International Court of Justice (ICJ) today refused to see the doctored confession tape of Jadhav which Islamabad wanted to submit as “proof” against the former Indian Navy personnel-turned-businessman, according to an India Today TV report. Pakistan had based its case on the confession tape, which had been doctored to suit Pakistani interests.
Jadhav, who was kidnapped and later arrested by Pakistani military on spying charges on March 3, 2016, was awarded death sentence by a military court last months.
A report by Pakistan-base Geo News had said that Jadhav’s confession would be most important part of Pakistan’s case against Jadhav at the ICJ. The “confession of involvement in sabotage and espionage activities inside Pakistan is the crux of Islamabad’s case,” it said, adding, “Moreover, Pakistani legal experts are of the view that India’s case at the global legal tribunal is weak.”
On Monday, the ICJ heard the arguments of India and Pakistan in the Kulbhushan Jadhav case. India made it clear that the Jadhav has been falsely implicated by Pakistan.
On May 8, the India had approached the ICJ for staying death sentence to Jadhav in Pakistan. The international court accepted India’s demand on May 9.
On Monday, Pakistani representative at the ICJ at the ICJ, however, said, “India’s application on Kulbhushan Jadhav is unnecessary and misconceived.”
“India has been unable to provide an explanation for Kulbhushan Jadhav’s passport which bears a Muslim name,” he further said, adding, “There has been deafening silence and no response from India on Pakistan’s accusations on Kulbhushan Jadhav.”
Earlier, India’s lead attorney in the case, Harish Salve, highlighted how the situation was “grave” in the case and Jadhav could be hanged in Pakistan even before India could argue its case.
“Jadhav has not got the right to get proper legal assistance and the right to consular access. There is an immediate threat to him to be executed even before a decision is passed,” joint secretary in the Ministry of External Affairs Deepak Mittal told the court in opening remarks.
Salve said, “The execution of the death sentence cannot be done while this court is hearing the appeal. Else, it will be a violation of the Vienna Convention.”
Pakistan had refused to accept India’s 16 requests for consular access. Salve said, “The graver the charges, the greater the need for continued adherence of the Vienna Convention. Jadhav has been in judicial custody without any communication with his family,” he said.
(With PTI inputs)