India on Monday asked the International Court of Justice to immediately suspend the death sentence awarded to former Navy official-turned-business man Kulbhushan Jadhav by a Pakistani military court. India highlighted how human rights, which is treated as the basics all across the world, has been thrown to the wind by Pakistan in the case of Jadhav.
Jadhav was kidnapped from Iran, where he was running a business after retiring from the Indian Navy, and taken to Pakistan last year. Pakistan claims Jadhav was arrested on March 3 last year on spying charges from Balochistan. Jadhav was given death sentence following a shoddy trial in a draconian Pakistani military court last month.
Representing India at the ICJ, attorney Harish Salve feared that Jadhav could be executed by Pakistan even before Indian arguments were heard by the international court. Salve said that Jadhav was framed on the basis of confessional statements extracted from him when he was in Pakistan’s military custody.
Islamabad also denied India consular access to its citizen Jadhav on 16 occasions. Moreover, it refused to accept the plea of Jadhav’s mother to see her son. Salve further told the court that Pakistan violated the Vienna Convention on Consular Relations and the situation was very grave.
While India has provided several reasons to ICJ to prove that Pakistan is guilty in its conduct against Jadhav, Pakistan has built its entire case on the basis of an alleged recorded “confessional statement” from the Indian citizen. The confessional statement is available on the internet in the form of a doctored tape.
Despite India’s strong case at the ICJ, Pakistani media reports claim that New Delhi’s stand is “weak”. However, they do not provide convincing reasons. In a report, Pakistan-based thenews.com.pk says, “The legal experts are of the view that India’s case at the global legal tribunal is weak.”
Similarly, Pakistan-base Geo News reports that Jadhav’s alleged “confession of involvement in sabotage and espionage activities inside Pakistan is the crux of Islamabad’s case.” It further says, “Moreover, Pakistani legal experts are of the view that India’s case at the global legal tribunal is weak.”
Both reports do not explain as to why Indian case at the ICJ is weak and how Pakistan’s dependence on a doctored confession makes its case strong.
An article on Dawn.com by Taimur Malilk and Muhammad Bilal Ramzan begins with the headline “Comment: ICJ hearing — Pakistan could succeed; India may suffer knockout”. The article, however, doesn’t explain as to exactly how this will happen. Instead, the writers question the jurisdiction of ICJ, saying, “it is important to understand that ICJ’s jurisdiction to adjudicate upon contentious matters is consensual.”
“It is probable that Pakistan would succeed in the very first round and India will suffer a technical knockout resulting from ICJ’s lack of jurisdiction to decide the instant matter,” the article concludes. But it doesn’t talk about the gross human rights violation done by Pakistan in the case of Jadhav, or the fact that the Islamic country should correct the wrong it has committed. While the legal case at ICJ is yet to unfold, India has managed to bring the world attention to the barbaric ways in which justice is served and justified by Pakistan.
(With agency inputs)