ICJ judgment may prove fruitful for India: Defence Expert

| Updated: May 16, 2017 04:11 IST

Jammu/Chandigarh [India] May 15 (ANI): Expressing confidence in India after Pakistan on Monday presented its arguments before the International Court of Justice (ICJ) over the death sentence awarded to former naval officer Kulbhushan Jadhav by the Pakistani military court, defence expert Captain Anil Gaur said that today's argument has been very fruitful for India. "India has demolished Pakistan's argument totally and has put four points in which it has said that at firstly the jurisdiction of ICJ is very much there because both India and Pakistan are the signatories of the Vienna Convention. Secondly, this matter is not a bilateral matter. Third is that no consular access, no proper intimation, no access of Jadhav to his council and others have been given. Fourthly whatever excites the national security, that is not over and above the Vienna Convention," Gaur told ANI. He added that Pakistan has not been able to give any justification in its claim towards giving death sentence to Jadhav except for the doctored video confession which was displayed on the television and that's all they had to show there. "We should be successful in stopping the execution, letting Jadhav off the hook and allowing consular access to him by our Indian authorities, so that he can be given a fair trial. Whatever Pakistan is saying that Jadhav was a spy for the Indian agency, had been proved wrong by our arguments," he asserted. Meanwhile, former Attorney General Soli Sorabjee said that India can counter Pakistan's argument of lack of jurisdiction by pointing out that actually the trial by the Pakistan military was like a kangaroo court. "There is a question of lack of jurisdiction. Merit is a different thing, on merits India may lose but Indian may not lose by rising of the question that the ICJ has no jurisdiction to go into the matter. I think Pakistan has a weak case," he added. He further said that the jurisdiction must be ousted by necessary implications which is not the case here. "India has a strong case and we should succeed," Sorabjee added. Pakistan while presenting its case at the ICJ on Jadhav matter claimed that "India has used this court as the scene of political theatre." "India has used this court as the scene of political theatre. We will not respond in kind," Mohammad Faisal, DG south Asia and SAARC, said. "India has been unable to provide an explanation for Jadhav's passport which bears a Muslim name," Faisal added. He also claimed that India's application on Kulbhushan Jadhav is unnecessary and misconceived. There has been deafening silence and no response from India on Pakistan's accusations on Jadhav, Pakistan's lawyer Khawar Qureshi said. Qureshi also said that Jadhav has 150 days to appeal his sentence. Meanwhile, the ICJ declined to play the alleged confessional video of Jadhav when Pakistan's offered it as evidence during the afternoon session of the court. Expressing the fear that Jadhav might be executed before the hearing was over, India accused Pakistan of violating the Vienna convention and conducting a "farcical trial" without a "shred of evidence". Pakistan had denied India its 16 requests for consular access, India's lead attorney Harish Salve said. The urgent hearing comes after the ICJ last week stayed Jadhav's execution. While India presented its argument over 90 minutes, Pakistan, which claims that Jadhav is an agent of India's external intelligence agency Research and Analysis Wing (RAW), took less than an hour. India wants the ICJ to annul Jadhav's death sentence and for Pakistan to ensure that no action is taken that may prejudice the rights of India or of Jadhav. Jadhav, the latest flashpoint in the tensions between Pakistan and India, was sentenced last month. On May 8, India moved the ICJ against the death penalty, alleging violation of the Vienna Convention on Consular Relations. On May 9, the highest court in the UN gave Jadhav a lease of life. India, in its appeal to the ICJ, had asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy. However, it denies that he has any connection with the government. Pakistan claims to have arrested Jadhav from its restive Balochistan province. (ANI)