Sat. Apr 20th, 2024
kulbhushan Jadhav ICJ

Pakistan’s appeal was snubbed by the International Court of Justice (ICJ) on Tuesday when it sought to replace ad-hoc Pakistani judge in a court hearing of the case which was related to Indian national Kulbhushan Jadhav who was sentenced to death in Pakistan by a military court.

Pakistani, who is presenting its case today had asked the judge to adjourn the case while citing the illness of its ad-hoc judge.

The four-day hearing in Jadhav’s case was opened on Monday amidst escalated tensions between India and Pakistan over a suicide bombing attack – Pulwama terror attack – in India-occupied Kashmir on February 14 by Pakistani based and backed Jaish e-Mohammed terrorist organization which claimed the lives of about 44 CRPF personnel.

According to ANI news reports, Pakistani attorney general Anwar Mansoor Khan has said his nation’s ad-hoc judge to the ICJ named Tassaduq Hussain Jillani has suffered a cardiac arrest on Monday during the very-first day of hearings of a case and has also requested that his replacement should be sworn-in before he could make his argument.

However, Abdulqawi Ahmed Yusuf, the ICJ president, overlooked the appeal and further told the Pakistani advocate, “I would like to ask you to read your statement if your statement is ready. We are ready to hear from you and hear your side.”

While making his argument, Khan, day after the Indian side told the court of the world that Jadhav had been sentenced to death by a Pakistani military court during an “opaque” hearing of his and that Jadhav should be released immediately.

In Jadhav’s representation, the Pakistani advocate said India has claimed to relief must be dismissed. Jadhav was sentenced to death over the charges of espionage and terrorism on April 11, 2017, following which the Indian side moved the ICJ and challenged the verdict.

Yesterday, during his hearing, Indian advocate Harish Salve raised several questions on how a military court could hold a trial for a civilian without providing him with a transparent right to defend and due.

In his counter, Khan has said: “All laws are made by parliament in accordance with the constitution after proper debate and discussions. Local laws are within the domain of parliament and the independent court of Pakistan. Similarly, the creation of military courts was through this parliamentary process.”

India has highlighted last day that Jadhav has been used as a pawn by Islamabad in order to build a narrative against New Delhi, a claim which was bolstered by the statement by Pakistan at The Hague today.

The Pakistani advocate made many bizarre allegations against Jadhav and accused him of being responsible for the subversive activities in Pak.

India has maintained that a former naval officer turned into a businessman, Jadhav, was innocent and had been kidnapped by the Pakistani intelligence agencies from Iran.

Salve told the ICJ court yesterday Jadhav had been suffering for three years and that a consular access request by India had been yet accepted by Pakistan while violating the Vienna convention.

In his argument, Khan claimed: “Pakistan has treated Commander Jadhav in a manner that is due to every human being. On humanitarian grounds, Pakistan has allowed commander Jadhav’s mother and wife to visit him.”

 

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